Distance Sales Agreement
1. PARTIES TO THE AGREEMENT
1.1. SELLER: Title: Shine Design – ALI RAHNAMAEI
Address: Tekeler Mah. 1014 Sok., No7/Sakarya/ Adapazarı
Website: https://www.parlatasarim.com.tr/
E-mail: alirahtak@gmail.com
Tel No: 05525421358
Trade Registry Number: 117311
1.2. RECIPIENT: Name Surname:
Phone:
Address:
E-mail:
IP Address:
2. ORDER SUBJECT PRODUCTS
3. SUBJECT OF THE AGREEMENT
3.1. In this Distance Sales Agreement, it is discussed by the rights and obligations of the two parties for the sale and delivery of the product whose sales price is specified, which the Consumer has purchased by placing an order over the internet from the website https://www.parlatasarim.com.tr / belonging to the selling company.
3.2. According to the provisions of this Distance Sales Agreement, since the buyer and seller are merchants in accordance with what is specified in the Turkish Commercial Code No. 6102, even if the buyer and seller are not merchants, they are subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098, since the subject of the Contract is considered as 'commercial business'. In line with the law numbered 6502 on the subject of the contract, the Law on the Protection of Consumer and secondary legislation are not applied. Accordingly, since the definition of 'consumer' is not included in the provisions of the Law on Consumer Protection for buyers, buyers do not have the right to benefit from other rights and powers, especially the right of withdrawal granted to consumers according to the regulation.
3.3. In line with the above sale, buyers will be informed about all information, including product information, product sales price, number of products, payment method, product delivery and similar products related to sale, and cancellation and return conditions and will be able to provide all information. In the case of goods, it is considered voluntarily that the sale process is confirmed and the product order and the sale process are completed.
3.4. The basic information form and proforma invoice prepared for the buyer in the payment section of the seller's website, confidentiality statement, terms of use, attachments and important parts of this agreement.
4. Rights and obligations of the parties
4.1. If the payment of the product is made completely by the other party and the designs sent are smooth, the seller must do the printing work on time. Of course, it is not the seller's responsibility to fix the problems of the submitted design, and if there is a problem after printing, the seller is not responsible.
4.2. The buyer is obliged to provide all information such as name, surname, address, phone, e-mail, invoice information and company title requested by the seller during the conversion process, in a complete, accurate, up-to-date and lawful manner.
5. PROVISIONS FOR ORDERS
5.1. The parties included in this Distance Sales Agreement consist of buyers and sellers. Accordingly, all responsibilities and obligations regarding the implementation of this Agreement belong to the parties included in the Agreement.
5.2. In order to order order from the products on the recipient, https://www.parlatasarim.com.tr/, it is necessary to enter the desired information on the site completely and correctly. If the buyer places an order without being a member of the site, the Buyer approves the Terms of Use, Privacy Policy and other documents in the Agreement included in the Agreement and makes the membership of the site as a result of the order. The buyer has the authority to terminate his membership on the site at any time without giving any reason.
5.3. For the product that the buyer wants to order among the printed products on the site; You can complete the order by marking the identifying features of the printed material such as color, size, gender and quantity and sending its design via WhatsApp. and after that, get confirmation that the file has arrived and the order has been saved.
5.4. The buyer first accepts that the return conditions of the ordered products may differ according to the purchased product, its availability or the special order of the person or institution. Accordingly, the buyer accepts at the order stage that he does not have the right to return the product to the seller, regardless of whether he is a real or legal person, if the products are specially prepared for him.
5.5. After completing the order from the site, the buyer can send the design files via WhatsApp in one of the PSD, PDF, EPS, AI, CDR formats after completing the order. After the submission of the submitted design for printing and the selected order is checked, confirmation will be obtained from the recipient via electronic communication regarding the suitability of the requested order design for printing. The approval process is made via WhatsApp and then the requested order is printed out.
5.6. The buyer should check all relevant information before submitting the design. After the design reaches the sender, the general and main features of the file are checked for printability, if editing is required, the customer is informed. However, it is not the seller's responsibility to investigate, report and correct other specific problems related to the design (text, spelling of words, numbers, information, etc.), and there is no responsibility for this issue after printing and no return is possible.
5.7. The buyer completes the purchase process by selecting the product on the website with all its features and completing their preferences, making the payment.
5.8. After the design is approved by the buyer, the ordered products are printed and delivered to the cargo within a certain period of time, different for each product.
6. Cancellation and refund conditions
6.1. According to the rule in this contract, it is not possible to cancel and return the products produced in line with the special request and request of the buyer or the services related to making the product special to the buyer. by making additions or changes to the buyer.
6.2. The buyer can cancel the order without confirming the order and product design or sending the products to the printing phase. The buyer can notify the seller of the cancellation of the order via WhatsApp message. Depending on this situation, the seller will return the product price to the buyer within ten business days. If the buyer can request that the amount he has given remain with the seller and be used in his next order, the coupon code can be defined in line with the buyer's request and used in his next orders without any problems.
6.3. In case the ordered products are canceled before proceeding to the printing phase, the transaction fees made until the printing phase related to the ordered products are deducted from the deposited amount and the remaining amount is returned to the buyer within 10 working days.
7. Delivery of products and method of delivery
7.1. The ordered items will be delivered to the address entered by the recipient at the time the order was placed, if the recipient updates the address or adds a new address. The buyer accepts that if the delivery information he has given at the order stage and his delivery information are up-to-date and accurate, the order he has recorded can be received by his buyers. The order must be shipped before it is delivered. Otherwise, the possible costs and damages belong to the buyer.
7.2. According to the rule in the contract, the costs in the delivery of the product belong to the buyer. If the seller states that the shoppers above the amount determined on the website will cover the shipping costs or make free delivery by campaigning, the delivery will belong to the Seller. Accordingly, the seller can make self-determined decisions about the conditions under which the product delivery will be determined, or it does not provide any information about the delivery fee.
7.3. Product delivery; Depending on the fact that the products available are in stock, in the printed products, depending on the production time, and the price of the ordered product is sent to the Seller's account within 30 days.
7.4. The product order is processed after the payment information made by the buyer is approved and the buyer uploads the design to the site and receives confirmation that it is suitable for printing.
7.5. Product orders placed on public holidays, Saturdays and Sundays are processed on the first day of payment approval.
8. THE RESPONSIBILITY OF THE SELLER AGAINST THE DEFECT
8.1. According to the Turkish Commercial Code No. 6102, the buyer must check the order of the product he has given when receiving the product.
8.2. In case the buyer encounters a defect that can be noticed in the products he has received, he must report this situation within 3 days according to Article 23/c of the Turkish Commercial Code No. 6102. If the buyer does not contact the seller about this situation within 3 days, he is deemed to have accepted the product he received as defective according to Article 223 of the Turkish Code of Obligations No. 6098.
8.3. Checks to be carried out for hidden defects that are not clear in the product order delivered to the Buyer and unobtrusive may immediately notify the Seller if any defects are detected in the product order received within 8 days from the delivery date. If the buyer does not inform that the product received is defective in the specified process, he is deemed to have accepted the product he received as defective, subject to Article 223 of the Turkish Code of Obligations No. 6098.
8.4. The buyer can report the defect of the product he received through the site and request a refund. At the same time, the goods must be returned to the seller completely. In order for the buyer to return the product he received to the seller, the product must be stored in its original packaging and returned without physical damage, without physical damage, without spoiling all packaging materials. In addition to returning the goods, the original and photocopy of the invoice and waybill must also be sent in the goods. Customer-specific design or printed orders are not included in this number.
8.5. In addition to the damage caused by the cargo agency delivering the product, the buyer should request the cargo agency to keep a report in this regard in case of wetness, losers or damage you noticed before opening the product packaging.
8.6. If the seller is right in the return request by providing the necessary checks after the defect notification and product delivery, the seller will compensate the situation by covering all the costs in this process by replacing the defective product or putting the product under pressure again. It can request a refund depending on the buyer's request. In this case, a refund is made within 10 working days.
8.7. If the defective product cannot be changed due to the inability to reprint the defective product returned by the buyer, not being in stock, the absence of printing material or similar situations, the seller states that he will refund the product price deposited by the buyer in the same way without any costs without deduction or giving interest.
8.8. Due to the provisions of the Tax Procedure Law No. 213 and the relevant legislation for the return of the product, the parties will comply with the specified provisions.
9. PROVISIONS REGARDING PRICES
9.1. The price of the product ordered when the buyer orders the product from the website is indicated on the site or in the invoice sent to the buyer. If not specified separately, the prices do not include VAT.
9.2. The installments submitted by the website and determined by the buyer are valid in line with the buyer ordering the product, using the payment by using a credit card and requesting installments. The convictions in the contract in force between the cardholder bank and the recipient regarding installment transactions are valid. Since the credit card payment date is determined in accordance with the provisions in the contract between the buyer and the bank, the seller has nothing to do with this issue.
10. THE STATEMENTS OF THE SELLER AND THE SITUATIONS WHERE HE IS IRRESPONSIBLE
10.1. The seller reserves the right to make changes to the issues he wants at any time, without the need to give any information about the prices of the products on the website, color and material types, promotions and campaigns he has made, ready-made designs, and the right to delete, cancel and close for all the issues he has specified. Accordingly, the buyer accepts at the first stage that he cannot claim compensation for the damages he will suffer regardless of the situation regarding these changes made by the seller.
10.2. At the order stage, the seller is not responsible for the problems that may arise due to errors such as spelling errors, color errors, measure, preference for the wrong printing material, typography errors, incorrect placement, inappropriate resolution in the design sent by the buyer to the seller.
10.3. The seller is not obliged to check whether the content prepared for printing in the products to be sent for printing complies with morality, law and general legislation. At the same time, it has the right to cancel the order by not accepting the content it deems unsuitable for printing.
10.4. At the order stage, the seller is not responsible for the colors in the design seen on the computer screen or the colors you look at from the color charts, the colors in the printed products are not the same as the stopper, and there is a tone difference between the colors in the design file and the colors in the printed product.
10.5. The seller acknowledges that some of the printed products are not suitable for outdoor use, should not be exposed to moisture and sun, and that some of the printed products know information that they should be stored under more favorable conditions.
10.6. Depending on this Agreement, in case of incomplete performance of the defective product sent by the seller, the buyer accepts that he will not request the amount of damage due to any loss or loss of profit if he receives the product. Accordingly, the seller's damage to be incurred in line with the provisions of this Agreement will be as much as the order amount.
10.7. In line with contract violation, negligence, unfair speech and similar reasons; The seller does not take any responsibility for interruption, negligence, error, deletion, loss, communication delay, theft, unauthorized look at the records, computer virus, use or modification of records.
11. FORCE REASONS
11.1. Force majeure (terror, war, all natural disasters, strike, seizure, insurrection, change in the provisions of the legislation, continuous or widespread power and internet outages, significant failure in the fields of lockout, communication and production) that did not develop at the time of this Agreement was signed or that occurred outside the control of the Seller.
11.2. In case of force majeure, the seller may be exposed without compensation by returning the payment made by the buyer, rather than meeting the responsibilities he has unilaterally undertaken with this Agreement.
11.3. If the force majeure lasts for more than 45 days, the buyer has the right to terminate this Agreement and request the payment made back.
12. STAMP TAX
12.1. This Agreement is not subject to stamp duty in accordance with Article 6/4 of the Communiqué on the Stamp Tax Law published in the Official Gazette dated 29.09.2016 and numbered 29842.
13. APPLICABLE LAW AND AUTHORIZED JURISDICTION
13.1. In case of a dispute between the buyer and the seller, the records and documents of the seller, computers, commercial offices, fax records, e-mail correspondence, microfilms are subject to the Civil Procedure Law No. 6100. According to article 193, the buyer agrees that the reason is valid.
13.2. This agreement is prepared and approved electronically by the buyer and the seller before the order is paid by the buyer. Accordingly, this contract is in the nature of a written contract between the buyer and the seller and is in the form of electronic documents according to the Civil Procedure Law No. 6100.
13.3. Sakarya courts and enforcement offices are authorized to resolve all kinds of disputes and problems arising from this contract, and in this case, the law of the Republic of Turkey will be applied to the resolution of all disputes with the responsible authority.