1. PARTIES
1.1 This Agreement has been accepted and signed between the following parties within the framework of the terms and conditions set forth below.
1.2 ‘BUYER’; (hereinafter referred to as “BUYER” in the contract)
The BUYER is responsible for the accuracy of the information given over the Internet.
1.3 ‘SELLER’ ; (hereinafter referred to as “SELLER” in the contract)
Site address: https://(www.)buy.cinemidi.com/
Company Title: SELMA DIGITAL MEDYA YAPIM ve YAYINCILIK A.Ş.
Trade Registry No: 475693,
ADDRESS: FIDANLIK MAH. MITHATPAŞA CAD. MITHATPAŞA APT. NO:39/14
06420 CANKAYA / ANKARA
1.3 By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it accepts the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about it.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINI FILM: These are the definitions we use for films with a length of 1-10 minutes
SHORT FILM: These are the definitions we use for films with a length of 10 – 20 minutes
MIDI FILM: These are the definitions we use for films with a length of 20-70 minutes
MAXI FILM: from 70 minutes, up to 140 minutes.
MEMORIAL: It describes items such as souvenirs or clothes that were an element of a film productions in the past.
CINEMIDİ.COM: It describes screenings of artistic film genres with publicly known definitions on the Internet channel in the form of mini-film, short film, midi-film and maxi-film.
MINISTER: Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SPECIFICATION: Explaining the conditions, features, and operation of a service, business, such as purchasing, selling, renting, or getting it done; some kind of supplementary agreement,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
3.1 This Agreement has been prepared in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation (“Regulation”). The contract regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER. Consumers are protected by the Consumer Rights Act. The SELLER accepts the BUYER’s right to information, the right to choose, the right to security, the right to be heard, the right to troubleshoot, the right to consumer education and the right to receive service.
3.2 The subject of this Agreement is the Law of the relevant parties in return for the product / service, whose qualifications and sales price are stated below, that the BUYER has placed an order electronically through the website https://(www.)buy.cinemidi.com/ belonging to the SELLER. It determines the rights and obligations arising from the Law and the Regulation in the form of provision.
3.3 The PARTIES of the Contract accept and declare that they know and understand their obligations and responsibilities arising from the Law and Regulation within the scope of the contract.
3.4 The prices listed and announced on the website are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: SELMA DIGITAL MEDYA YAPIM ve YAYINCILIK A.Ş. Trade Registry No: 475693,
Address: FIDANLIK MAH. MITHATPAŞA CAD. MITHATPAŞA APT. NO:39/14
06420 ÇANKAYA / ANKARA
Phone: +90 555 498 1782 WhatsApp: +90 555 498 1781
Email: sales@selmamedia.com / sales@selmamedya.com.tr
5. THE PROCESS OF BUYING
5.1 Some services offered by the seller by promoting them on https://(www.)buy.cinemidi.com/ are considered as unique, specific products. So the buyer should contact the seller before paying! In this contact, he should learn in advance the conditions and duration of the services he will receive, by explaining his intention and purpose. The process after making the payment is valid for large-scale payments of $15,000.00 (fifteen thousand) and above. It will be continued on the basis of documents (such as specification) for the sake of the PARTIES.
6. SERVICE PROCESS
6.1 After the payment is made and the order is completed, the service process begins.
6.2 If the specification for the jointly agreed service is required, it is created within the scope of the 3-day withdrawal (return) process. This specification is used by the parties as an application guide in the completion of the entire service. This specification is mutually approved by the Buyer and Seller via a valid e-mail address used for payment. “I accept the terms of service (I will receive) – (I will give) as stated in the specification written below. Name and Surname.” This e-mail should not be deleted, it should be kept as a document! In addition, the certification process can be sent to each other as stamped and signed by fax and / or a similar communication tool.
7. PRICE, PAYMENT AND DELIVERY
7.1 The basic form of the service purchased, the type, quantity, model of the service, the type of products (goods/services), unit prices and sales price, payment information are the conditions accepted during the purchase process. The specification is an application guide that protects the rights of both parties, in which the requests of the BUYER and the commitments of the SELLER are mutually accepted.
8.DELIVERY AND DELIVERY METHOD OF THE GOODS
8.1 If the purchased product is a product rather than a service, the contract again enters into force upon its approval by the BUYER electronically. The goods or products purchased by the BUYER from the SELLER are delivered to the BUYER. In this case, the product will be delivered to the address specified by the BUYER in the order form and in this Agreement and to the specified authorized person(s).
8.2 Delivery costs of the product are as stated in the sales form. Depending on the situation, it may belong to the BUYER. If specified by the SELLER, the delivery costs may also belong to the SELLER.
8.3 The product is delivered to the delivery address specified by the BUYER or to the person/organization at the address indicated, in a packaged and intact condition with its invoice, within 30 days at the latest, this period may be extended in cases of necessity. If, for any reason, the price of the goods or services is not paid by the BUYER or the payment is canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the goods or services.
8.4 If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery or does not further deliver it to the BUYER.
8.5 The BUYER is responsible for checking the product upon receipt. Damaged, broken, torn packaging, etc. reserves the right not to receive the damaged or defective product. BUYER; When he sees a problem caused by the cargo, he is responsible for not accepting the product and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
- BANK LIABILITY
9.1 The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank.
- GENERAL PROVISIONS
10.1 The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the service / product subject to the contract on the website of the SELLER, that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
- RIGHT OF WITHDRAWAL
11.1 By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
11.2 The order is the service sold by the SELLER, not a product; If it is a service produced in line with the consumer’s wishes or personal needs, the relevant laws do not give the BUYER the right of withdrawal in contracts within this scope. However, the SELLER grants a 3-day right of withdrawal voluntarily in order to turn this situation in favor of the buyer and to reveal the operation of the service and to inform the BUYER.
11.3 If the order is a product, the Consumer has the right to withdraw from the contract within 14 days without giving any reason and without paying any penalty. The right of withdrawal can also be exercised within the period from the conclusion of the contract to the delivery of the goods.
11.4 Attention: As a result of the BUYER’s declaration of an overseas delivery address, products delivered to an address outside the Turkish Customs Area are not within the scope of return!
11.5 The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
11.6 Return form,
11.7 The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
11.8 The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
11.9 If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of the BUYER’s fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
11.10 The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required for the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work.
11.11 The SELLER accepts, declares and undertakes that if it becomes impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation, and will return the total price to the BUYER within 14 days.
11.12 The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the contract product will end.
11.13 After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER’s credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER’s expense for shipping.
11.14 The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of circumstances that are beyond the will of the parties, unforeseen and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average to reflect the amount returned to the credit card by the SELLER to the BUYER’s account by the bank. accepts, declares and undertakes that it cannot be held responsible.
11.15 The SELLER’s address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
11.16 The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
11.17 If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
11.18 The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER, due to the falseness of this information.
11.19 The BUYER accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
11.20 The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
11.21 Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links have been placed for the purpose of facilitating the redirection of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
11.22 The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
11.23 The SELLER reserves the right to make changes, updates and corrections that may be beneficial to the Parties in this contract without prior notice when deemed necessary.
12. COMPETENT COURT
This Agreement is made for commercial purposes. ANKARA / Turkey courts are competent in all disputes, complaints, objections and disputes arising from the contract. In case of complaints, disputes and objections not included in the contract, applicable local consumer rights laws will be used.
13. ENFORCEMENT
13.1 When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
13.2 The SELLER reserves the right, without prior notice, to make changes, updates and corrections that could be of benefit to the contracting parties, if necessary.
SELLER:
BUYER:
DATE :