Last Updated: April 16, 2025
WHEREAS, the parties hereto desire to enter into this binding International Distance Selling Agreement (hereinafter referred to as the “Agreement”) governing the sale of customized metal card products;
AND WHEREAS, the SELLER is engaged in the business of manufacturing and selling bespoke metal cards and providing Do-It-Yourself metal card conversion kits to international consumers via its electronic commerce platform;
AND WHEREAS, the BUYER wishes to purchase such customized metal card products or Do-It-Yourself kits as specifically configured through the SELLER’s online design interface;
NOW, THEREFORE, this Agreement is executed between the parties identified below under the following terms and conditions, which shall be legally binding upon acceptance:
1. PARTIES
This Agreement is executed between the following parties under the terms and conditions specified herein.
‘BUYER’; (hereinafter referred to as “BUYER” in this Agreement)
FULL NAME:
ADDRESS:
COUNTRY OF RESIDENCE:
‘SELLER’; (hereinafter referred to as “SELLER” in this Agreement)
COMPANY NAME: Metkart
ADDRESS: Yakuplu Mahallesi Hürriyet Bulvarı, External Door No:1, Skyport Residence,
Internal Door No:151, Floor: 15, Beylikdüzü/Istanbul, Turkey
WEBSITE: www.metk.art
By accepting this Agreement, the BUYER hereby acknowledges, represents, warrants, and unconditionally accepts that upon approving the order subject to this Agreement, the BUYER shall be obligated to pay the specified price of the order and any additional charges such as shipping costs, taxes, customs duties, import fees, and other specified additional fees applicable in the BUYER’s jurisdiction, and affirms having been informed of this obligation in advance.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the following terms shall have the meanings set forth below:
AGREEMENT: This International Distance Selling Agreement executed between the SELLER and the BUYER, including all appendices, exhibits, and incorporated terms.
CUSTOMIZED METAL CARD: A bespoke metal product manufactured according to the BUYER’s specifications through the SELLER’s website design interface or through direct consultation with the SELLER’s design team.
DO-IT-YOURSELF KIT: A product package that includes a pre-manufactured metal card template, tools, and instructions that allow the BUYER to transfer the EMV chip from their existing card to the metal card themselves.
DESIGN EDITOR: The proprietary online software tool provided by the SELLER through which the BUYER may visualize, configure, and approve the design of the Customized Metal Card prior to purchase.
FULLY CUSTOMIZED OPTION: The service whereby the SELLER’s design team collaborates directly with the BUYER to create a wholly bespoke design not capable of being fully configured through the standard Design Editor.
INTELLECTUAL PROPERTY RIGHTS: All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
ORDER CONFIRMATION: The electronic notification sent by the SELLER to the BUYER confirming the details of the BUYER’s order, including but not limited to product specifications, price, estimated manufacturing time, and shipping information.
PARTIES: The SELLER and the BUYER, collectively.
PRIVACY POLICY: The document detailing the SELLER’s data collection, processing, storage, and protection practices, available at www.metk.art.
WEBSITE: The electronic commerce platform operated by the SELLER at the URL www.metk.art, through which the BUYER may place orders for Customized Metal Cards or Do-It-Yourself Kits.
3. SUBJECT MATTER
3.1. This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of Customized Metal Card products or Do-It-Yourself Kits, which the BUYER has ordered electronically through the SELLER’s website.
3.2. The BUYER expressly acknowledges that the products subject to this Agreement are customized according to the BUYER’s specifications, designed through the SELLER’s online Design Editor or through direct consultation with the SELLER’s design team in the case of Fully Customized Options.
3.3. The BUYER expressly acknowledges that when purchasing a Do-It-Yourself Kit, they will be responsible for transferring the EMV chip from their existing card to the metal card themselves, and that this process may render the original plastic card unusable.
3.4. The prices listed and announced on the Website are sales prices exclusive of any customs duties, import taxes, or other fees that may be imposed by the BUYER’s local authorities. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
4. ORDERING PROCESS AND PRODUCT SPECIFICATIONS
4.1. The BUYER shall utilize the Design Editor available on the SELLER’s Website to configure and visualize the desired Customized Metal Card. The Design Editor provides an accurate representation of the final product, and the BUYER acknowledges that what is displayed through the Design Editor constitutes the final design to be manufactured.
4.2. For Fully Customized Options, the SELLER’s design team shall communicate directly with the BUYER to ascertain design requirements and preferences. The BUYER acknowledges that such communication constitutes part of the product specification process.
4.3. Upon finalizing the design through either method described in Sections 4.1 or 4.2, the BUYER shall submit the order through the Website’s checkout process, at which point the BUYER shall be presented with this Agreement for review and acceptance.
4.4. No additional design proofs shall be provided to the BUYER beyond what is visible in the Design Editor or what has been explicitly agreed upon through direct communication in the case of Fully Customized Options. The BUYER acknowledges and accepts that the design as approved through these channels shall be final.
4.5. The SELLER reserves the right to make minor adjustments to the design for technical manufacturing purposes without further approval from the BUYER, provided such adjustments do not materially alter the appearance or functionality of the Customized Metal Card or Do-It-Yourself Kit.
5. PRICE AND PAYMENT
5.1. The prices of the Customized Metal Cards and Do-It-Yourself Kits are as indicated on the Website at the time of order placement. All prices are quoted in the currency specified on the Website and include any applicable value-added tax (VAT) or similar taxes applicable in Turkey.
5.2. The BUYER acknowledges and accepts that additional costs, including but not limited to customs duties, import taxes, and handling fees, may be imposed by the authorities in the BUYER’s country of residence upon importation of the Customized Metal Card or Do-It-Yourself Kit. The BUYER shall be solely responsible for the payment of any such additional costs.
5.3. Payment shall be made in advance through the secure payment methods offered on the Website. The SELLER may, at its sole discretion, offer installment payment options for certain transactions, the terms of which shall be clearly communicated prior to order confirmation.
5.4. The BUYER’s obligation to pay the price for the Customized Metal Card or Do-It-Yourself Kit shall not be affected by any minor discrepancy between the product as displayed in the Design Editor and the delivered product, provided such discrepancy does not materially affect the functionality or essential aesthetic qualities of the product.
6. MANUFACTURING AND SHIPPING
6.1. Following receipt of payment and order confirmation, the SELLER shall commence the manufacturing process for the Customized Metal Card or prepare the Do-It-Yourself Kit. The SELLER shall provide an estimated manufacturing timeframe in the Order Confirmation.
6.2. The BUYER acknowledges that manufacturing timelines for Customized Metal Cards and Do-It-Yourself Kits may vary based on design complexity, current production capacity, and other factors. Any manufacturing timelines provided are estimates only and do not constitute a binding obligation to deliver within the specified timeframe.
6.3. Upon completion of manufacturing, the SELLER shall ship the Customized Metal Card or Do-It-Yourself Kit to the delivery address provided by the BUYER using a reputable international courier service. The SELLER shall provide tracking information to the BUYER upon dispatch.
6.4. Delivery times are estimates only and may be affected by factors beyond the SELLER’s control, including but not limited to customs clearance procedures, local delivery conditions, and international shipping disruptions. The SELLER shall not be liable for any delays resulting from such factors.
6.5. Title to the Customized Metal Card or Do-It-Yourself Kit shall pass to the BUYER upon delivery to the specified address, but risk shall pass to the BUYER upon dispatch from the SELLER’s facilities.
7. NON-RETURNABILITY OF CUSTOMIZED PRODUCTS
7.1. The BUYER expressly acknowledges and accepts that due to the bespoke nature of the Customized Metal Cards and Do-It-Yourself Kits, which are manufactured according to the BUYER’s specifications and personal requirements:
(a) The Customized Metal Cards and Do-It-Yourself Kits are not suitable for return or exchange;
(b) The right of withdrawal, return, or cancellation that might otherwise apply to standard consumer transactions under various jurisdictions’ consumer protection laws does not apply to the products subject to this Agreement;
(c) Once the manufacturing process has commenced, the order cannot be canceled, and no refunds shall be provided except in cases of demonstrable manufacturing defects as outlined in Section 8.
7.2. The exclusion of return rights as set forth in Section 7.1 is explicitly based on the customized nature of the products and is in accordance with exceptions to consumer return rights recognized in most jurisdictions for custom-made goods.
8. LIMITED WARRANTY AND QUALITY ASSURANCE
8.1. The SELLER warrants that the Customized Metal Card or Do-It-Yourself Kit shall:
(a) Conform substantially to the design specifications approved by the BUYER through the Design Editor or direct communication;
(b) Be free from material defects in materials and workmanship under normal use and conditions for a period of twelve (12) months from the date of delivery.
8.2. In the event that the BUYER believes the delivered Customized Metal Card or Do-It-Yourself Kit does not conform to the warranty in Section 8.1, the BUYER shall:
(a) Notify the SELLER in writing within seven (7) days of delivery, providing detailed photographs of the alleged defect and a comprehensive description of how the product fails to meet the warranty;
(b) Upon request, return the defective product to the SELLER for inspection, with shipping costs to be reimbursed by the SELLER if the defect is confirmed.
8.3. If the SELLER confirms that the Customized Metal Card or Do-It-Yourself Kit does not conform to the warranty in Section 8.1, the SELLER shall, at its sole discretion:
(a) Repair the defective product;
(b) Replace the defective product with a new Customized Metal Card or Do-It-Yourself Kit manufactured to the same specifications; or
(c) Refund the purchase price paid by the BUYER.
8.4. The limited warranty provided in this Section 8 is the sole and exclusive remedy available to the BUYER for any non-conformity or defect in the Customized Metal Card or Do-It-Yourself Kit.
9. INTELLECTUAL PROPERTY
9.1. The BUYER represents and warrants that any designs, logos, text, images, or other content provided by the BUYER for incorporation into the Customized Metal Card (“BUYER Content”) does not infringe upon the Intellectual Property Rights of any third party.
9.2. The BUYER hereby grants to the SELLER a non-exclusive, worldwide, royalty-free license to use, reproduce, and modify the BUYER Content solely for the purpose of manufacturing the Customized Metal Card and fulfilling the order.
9.3. The BUYER shall indemnify, defend, and hold harmless the SELLER against any claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or related to any alleged infringement of Intellectual Property Rights resulting from the SELLER’s use of BUYER Content.
9.4. All Intellectual Property Rights in and to the Design Editor, the Website, and the SELLER’s manufacturing processes shall remain the exclusive property of the SELLER or its licensors.
10. LEGAL COMPLIANCE AND CARD USAGE
10.1. The BUYER expressly acknowledges and agrees that:
(a) The Customized Metal Card or Do-It-Yourself Kit provided by the SELLER is intended solely for use with payment cards, identification cards, membership cards, loyalty cards, or other card products that the BUYER legally owns and has the exclusive right to modify;
(b) The BUYER shall not use the Customized Metal Card or Do-It-Yourself Kit with any card that belongs to another person, was obtained without consent, is stolen, lost, found, forged, counterfeit, or tampered with;
(c) The metal card conversion process offered by the SELLER does not involve the creation of a new payment instrument, but rather constitutes a physical modification of an existing legally-owned card;
(d) The process does not involve copying or duplicating the electronic data of the original card, but merely the physical transfer of the original EMV chip to a new metal card body.
10.2. The BUYER acknowledges that the modification of payment cards may be subject to the terms and conditions of the BUYER’s agreement with their card issuer, and that such modification may potentially void warranties or violate such agreements. The SELLER makes no representation or warranty regarding the impact of such modification on the BUYER’s relationship with their card issuer.
10.3. The BUYER represents and warrants that their use of the Customized Metal Card or Do-It-Yourself Kit will comply with all applicable laws and regulations in their jurisdiction, including but not limited to laws regarding payment instruments, financial fraud, and counterfeiting.
10.4. The BUYER acknowledges that the modified metal card:
(a) May not be suitable for use in ATMs due to its different physical properties, and any damage to the card or the ATM resulting from such use shall be the BUYER’s sole responsibility;
(b) May require extra care when used with POS terminals and card readers due to its different weight and thickness;
(c) In case of loss, theft, or unauthorized use, remains subject to the policies and procedures of the original card issuer, not the SELLER.
11. DATA PROTECTION
11.1. The SELLER shall process the BUYER’s personal data in accordance with its Privacy Policy, which is available at www.metk.art. The Privacy Policy forms an integral part of this Agreement and sets forth in detail the SELLER’s practices regarding the collection, use, storage, and protection of personal data.
11.2. By entering into this Agreement, the BUYER acknowledges having read and understood the Privacy Policy and consents to the processing of personal data as described therein.
11.3. For international shipments, the BUYER acknowledges that certain personal data, including but not limited to name, address, and contact information, may need to be shared with shipping partners, customs authorities, and other third parties as necessary to fulfill the order and comply with applicable laws and regulations.
12. LIMITATION OF LIABILITY
12.1. Nothing in this Agreement shall limit or exclude the SELLER’s liability for:
(a) Death or personal injury caused by its negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Any matter in respect of which it would be unlawful for the SELLER to exclude or restrict liability.
12.2. Subject to Section 12.1, the SELLER shall not be liable to the BUYER, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
(a) Any loss of profit, business, contracts, revenue, or anticipated savings;
(b) Any loss or corruption of data or information;
(c) Any indirect or consequential loss arising under or in connection with this Agreement.
12.3. Subject to Sections 12.1 and 12.2, the SELLER’s total liability to the BUYER in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total purchase price paid by the BUYER for the Customized Metal Card or Do-It-Yourself Kit.
13. FORCE MAJEURE
13.1. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control, including but not limited to natural disasters, pandemics, epidemics, governmental actions, war, civil unrest, terrorist attacks, fire, flood, or other catastrophes, labor disputes, material shortages, or transportation delays (“Force Majeure Event”).
13.2. In the event of a Force Majeure Event, the affected party shall promptly notify the other party and shall be excused from performance of its obligations for the duration of the Force Majeure Event.
13.3. If a Force Majeure Event prevents the SELLER from fulfilling an order for a period of more than sixty (60) days, the BUYER may cancel the affected order and receive a full refund of any amounts paid in respect of such order.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Turkey, without giving effect to any choice or conflict of law provision or rule.
14.2. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through good faith negotiations between the parties.
14.3. If such dispute cannot be resolved through negotiations within thirty (30) days from the date on which either party notified the other of the dispute, either party may submit the dispute to the competent courts of Istanbul, Turkey, which shall have exclusive jurisdiction to settle any such dispute.
14.4. Notwithstanding Section 14.3, the BUYER acknowledges that breach of certain provisions of this Agreement, particularly those relating to Intellectual Property Rights, may cause the SELLER irreparable harm for which damages would not be an adequate remedy, and the SELLER shall be entitled to seek injunctive relief, specific performance, and other equitable remedies in any competent court of law.
15. MISCELLANEOUS PROVISIONS
15.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
15.2. Severability. If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
15.3. No Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.4. Assignment. The BUYER shall not assign, transfer, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any of its rights and obligations under this Agreement. The SELLER may assign or transfer its rights and obligations under this Agreement to any affiliate or successor in interest.
15.5. Third Party Rights. No one other than a party to this Agreement shall have any right to enforce any of its terms.
15.6. Notices. All notices under this Agreement shall be in writing and shall be delivered by email or sent by prepaid first-class post or recorded delivery or commercial courier to the other party at its address set out in this Agreement or as otherwise specified by the relevant party by notice in writing to the other party. Any notice shall be deemed to have been duly received if delivered personally, when left at the address referred to above; if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, on the next business day after transmission.
15.7. Language. This Agreement is drafted in the English language. If this Agreement is translated into any other language, the English language version shall prevail.
16. ENTRY INTO FORCE
16.1. This Agreement shall enter into force upon the BUYER’s electronic acceptance during the checkout process on the Website.
16.2. The BUYER acknowledges and agrees that by clicking the “I Accept” button or similar affirmation during the checkout process, the BUYER is providing a legally binding signature and agreeing to be bound by all terms and conditions contained in this Agreement.
16.3. The SELLER shall maintain electronic records of the BUYER’s acceptance of this Agreement in a manner that accurately reflects the information entered and can be reproduced in readable form.
SELLER: Metkart
www.metk.art
BUYER:
[Electronic Acceptance]