Distance Sales Agreement
1.1. SELLER: Title: Oğuzhan Kahraman
Address: Tatlıkuyu Neighborhood Ahmet Pembegüllü Boulevard No.32 D.8 Gebze/Kocaeli
Website: www.tasarlamasyon.com
E-mail: support@tasarlamasyon.com
Phone No: 0537 380 49 08
1.2. BUYER: Name and Surname:
Telephone:
Address:
Email:
IP Address:
2. PRODUCTS SUBJECT TO ORDER
https://www.tasarlamasyon.com/magaza
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Distance Selling Agreement (hereinafter referred to as the 'Agreement') is the determination of the rights and obligations of the Parties regarding the sale and delivery of the product, which the Buyer has purchased by placing an order electronically from the Seller's {Website address} domain name (hereinafter referred to as the 'Website'), which has the qualities stated on the Website and whose sales price is stated.
3.2. The provisions of this Agreement are subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098, as the Parties are merchants within the scope of Turkish Commercial Code No. 6102, and even if the Parties are not merchants, the subject matter of this Agreement is considered a "commercial business." Consumer Protection Law No. 6502 and relevant secondary legislation do not apply to the subject matter of this Agreement. In this context, since the definition of "consumer" within the meaning of the Consumer Protection Law does not apply to Buyers, Buyers do not have the right to benefit from the rights and entitlements, particularly the right of withdrawal, granted to consumers under the said legislation.
3.3. The Buyer accepts and declares that he/she is aware of the basic characteristics, sales price, quantity, payment method, delivery conditions and all other information about the product subject to sale, as well as cancellation and return conditions, that he/she has confirmed this information electronically and subsequently purchased the product by placing an order.
3.4. The preliminary information form and proforma invoice on the payment page of the Website, as well as the Terms of Use and Privacy Statement, are annexes and integral parts of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. After the full payment is made, the Seller is obliged to print and send the design files sent via the Website in full within the delivery date and the waste rates in the printing options stated in the description of each product.
4.2. The Buyer is obliged to provide all information requested from him/her, such as name, surname, company title, e-mail address, telephone, address, invoice information, in a legal, up-to-date, accurate and complete manner when registering on the Website and during the ordering process.
5. PROVISIONS RELATING TO ORDER(S)
5.1. The parties to this Agreement are the Buyer and the Seller. In this context, all obligations and responsibilities related to the fulfillment of this Agreement belong to the parties to the Agreement.
5.2. To order products offered on the {website address} website, the Buyer must enter the information requested on the Website. If the Buyer places an order without registering, the Buyer becomes a member of the Website by approving the Terms of Use, Privacy Policy, and other required documents at the end of the order. The Buyer may terminate their membership at any time and without giving any reason.
5.3. The Buyer may order printed products by selecting options such as type of printed material, size, color, quantity, and uploading the design.
5.4. The Buyer acknowledges in advance that return conditions will vary depending on whether the ordered products are ready-made, personalized, or custom-made. In this context, the Buyer acknowledges in advance that they do not have the right to return products that were prepared specifically for them, regardless of whether they are a legal entity or a natural person.
5.5. After finalizing their order, the Buyer can upload design files to the website in PDF, PSD, AI, INDD, SVG, or EPS formats after adding the product to their cart. After the design's suitability for printing and the order is verified, the Buyer will receive confirmation of the order's suitability for printing via electronic communication. Once confirmation is received, either through the email address entered when placing the order or via the confirmation button on the website, the Buyer's order will be printed.
5.6. After the Buyer completes the purchase, the design will be checked for printability in terms of resolution, layout, and crop margins within seven (7) days at the latest, and any necessary corrections will be made. The final printable version and confirmation of order availability will be sent to the Buyer via email.
5.7. The Buyer must approve the design sent to them within seven (7) days, optimized for printing. If the design is not approved within the specified timeframe, the design will be printed and returned to the Buyer in its original state. Due to the nature and design of the products offered on the Website, the Buyer is required to read the options presented to them for printing the product and, if necessary, make their selections from the options presented to them. The Buyer is responsible for any errors in the options declared and selected when selecting the product and for the product being prepared according to their request, as selected on the Website.
5.8. After the buyer selects the product with all its qualities and completes his preferences, the purchase is completed with the payment.
5.9. After the Buyer approves the design, the ordered products are delivered to the Buyer's address in printed form within 30 (thirty) days.
6. CANCELLATION AND REFUND CONDITIONS
6.1. As a rule, within the scope of this Agreement, since the products and services are produced in accordance with the Buyer's special requests and demands or made special for the Buyer by making changes or additions, it is not possible to cancel or return these products.
6.2. The Buyer has the right to cancel the order entirely before the order conforms to the order and design is approved, and before the purchased products are printed. If the Buyer promptly notifies the Seller of this cancellation request via email or the "Customer Services" telephone number provided on the Website, the product price will be refunded to the Buyer within 10 (ten) business days. Upon the Buyer's request or approval, this amount will be retained in the Buyer's account and used for future orders. Upon the Buyer's request, a coupon code will be assigned to the Buyer for use in future orders.
6.3. If the ordered products are to be cancelled before they go to print, the amount will be refunded to the Buyer within 10 (ten) business days, after deducting any fees for the transactions made so far (proof printing, graphic editing, etc.).
7. DELIVERY AND DELIVERY METHOD OF PRODUCTS
7.1. The ordered products will be delivered to the Buyer at the Buyer's address specified above, unless otherwise specified in writing by the Buyer. The Buyer acknowledges, declares, and undertakes that the information provided regarding the delivery of its order, such as "Delivery Information" and "Recipient," is accurate and up-to-date, and that the order can only be collected by the Buyer or the recipients designated by the Buyer upon presentation of identification.
7.2. As a rule, delivery costs are the responsibility of the Buyer. If the Seller has declared on the Website that it will cover the delivery costs for purchases exceeding the amount declared in the system during the transaction period, or that it will provide free delivery within the scope of a campaign, the delivery costs will be the responsibility of the Seller. However, the Seller is free to determine the conditions under which it will cover delivery and makes no commitment regarding the delivery cost.
7.3. Delivery is made as soon as possible, provided that stocks are available for ready-made products, and depending on the production time for printed products, and not exceeding 30 (thirty) days after the payment of the ordered product is transferred to the Seller's account.
7.4. The order will be deemed to have been placed after confirmation of the Buyer's payment information and, if the Buyer has uploaded his/her own design, after electronic confirmation of the suitability of the submitted work for printing.
7.5. Orders placed on Saturdays, Sundays and public holidays will be deemed to have been placed on the first business day following the confirmation of payment information.
8. SELLER'S LIABILITY AGAINST DEFECTS
8.1. In accordance with the Turkish Commercial Code No. 6102, the Buyer is responsible for checking the defects of the products he ordered during delivery.
8.2. In the event of an obvious defect in the delivered products, the Buyer is obligated to notify the Seller within 3 (three) days, in accordance with Article 23/c of the Turkish Commercial Code No. 6102. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.3. The Buyer is obligated to inspect and control (inspect and/or have examined) the delivered products for any non-obvious (hidden) defects and to immediately notify the Seller if a defect is detected within 8 (eight) days from the date of delivery. Otherwise, the Buyer will be deemed to have accepted the delivered product in its defective condition, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.4. The Buyer is obligated to submit a return request via the Website, along with a defect notification, and return the product to the Seller in its original condition, complete and in the same condition as received. In order for the Buyer to return the delivered product for any reason, the product must be kept in its original packaging and returned complete with all packaging materials, free of any physical damage. Furthermore, all originals and copies of the delivery note and invoice must be sent with the products.
8.5. If there is any abnormality such as damage, crushing, or wetness that can be noticed without opening the package, other than damage caused by the delivery carrier, the Buyer must request the delivery person to prepare a report.
8.6. After proper notification and upon delivery of the product, the Seller shall carry out the necessary checks; and if the Buyer is correct in his statements (any errors that may occur during the printing process, such as color differences or shifting), the Seller shall replace or reprint the defective product and deliver it to the Buyer, at its own expense. The Buyer may also request a refund. In this case, the refund shall be made within 10 (ten) business days.
8.7. In cases where the possibility of replacing the returned defective product with a non-defective product is eliminated due to the lack of a new one in stock, the lack of reprinting possibilities, the lack of printing material or similar compelling reasons, the Seller declares and undertakes to refund the price of the product to the Buyer in the same way it was collected, without paying any interest or expense.
8.8. In case of product return, the provisions of Tax Procedure Law No. 213 and relevant legislation are reserved and the Buyer and Seller are obliged to comply with the said provisions.
9. PROVISIONS REGARDING PRICES:
9.1. The price of products ordered by the Buyer from the Website is stated on the Website and in the invoice sent to the Buyer. Prices do not include VAT unless otherwise stated.
9.2. If the Buyer makes a purchase by credit card and installments, the installment method selected on the Website will apply. The relevant provisions of the agreement in effect between the Buyer and the card-issuing bank apply to installment payments. The credit card payment date is determined by the agreement between the bank and the Buyer, and the Seller has no obligation in this regard.
10. SELLER'S DECLARATIONS AND CASES IN WHICH IT IS NOT RESPONSIBLE
10.1. The Seller reserves the right to make changes to the prices, product, color, material varieties, ready-made designs, promotions, and campaigns on the Website at any time, without any obligation to provide further information, and/or to cancel, delete, or disable any specified information. The Buyer acknowledges and agrees that it will not claim compensation from the Seller under any circumstances for any direct and/or indirect losses it may incur as a result of these changes or cancellations.
10.2. The Seller cannot be held responsible for any problems that may occur in the design sent by the Buyer when the order is created, such as typographical errors, spelling errors, incorrect placement, inappropriate resolution, wrong printing material selection, size and color errors.
10.3. Although the Seller is not obliged to examine whether the content prepared for printing on the products to be printed complies with law, morality and general legislation, it has the right not to accept any content it deems inappropriate and to cancel the order in this direction.
10.4. The Seller cannot be held responsible if the colors in the design file or the colors seen on the computer or tablet screens when the order is created are not exactly the same as the colors seen on the printed product, or if there is a tone difference between the colors in the design file and the printed product.
10.5. The Seller acknowledges that some printed products are not suitable for outdoor use, should not be exposed to sun or moisture, and that some printed products should be kept under appropriate storage conditions.
10.6. In the event of incomplete, defective, or faulty performance of the Contract by the Seller, the Buyer acknowledges and agrees that it will not claim any damages, including any positive and/or negative damages or lost profits, in relation to the subject matter of this Contract. In this context, the Seller's financial liability arising from this Contract is limited to the maximum amount of the order.
10.7. The Seller does not accept any liability for interruption of the transaction, error, negligence, interruption, deletion, loss, delay in transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry into, alteration or use of records, whether due to breach of contract, tort, negligence or other reasons.
11. FORCE MAJEURE
11.1. Circumstances that do not exist at the time the Contract is concluded and develop beyond the control of the Seller, and which make it impossible for the Seller to partially or fully fulfill its obligations and responsibilities undertaken under the Contract or to fulfill them on time, are considered force majeure (all kinds of natural disasters, war, terrorism, riots, changes in legislative provisions, seizures, strikes, lockouts, significant malfunctions in production and communication facilities, widespread and/or continuous electricity and/or internet outages, etc.).
11.2. In case of Force Majeure, the Seller may refrain from unilaterally fulfilling the obligations undertaken under this Agreement without compensation by refunding the price paid.
11.3. If the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Agreement and request a refund of the amount paid.
12. STAMP DUTY
12.1. This Agreement is not subject to stamp duty in accordance with Article 6/4 of the Stamp Duty Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.
13. APPLICABLE LAW AND JURISDICTION
13.1 The Buyer irrevocably accepts, declares and undertakes that in any dispute that may arise between the Parties, the Seller's commercial books, records and documents, computer, fax records, microfilms and e-mail correspondence will be deemed conclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100.
13.2. This Agreement has been drawn up and approved electronically between the Parties before the Buyer makes payment; in this context, this Agreement replaces the written agreement between the Parties and has the force of an electronic document in accordance with the Code of Civil Procedure No. 6100.
13.3. Istanbul Anatolian Courts and Enforcement Offices shall have jurisdiction and authority to resolve any disputes arising from this Agreement, and the law of the Republic of Türkiye shall apply in resolving any disputes.