Commercial Distance Sales Contract

1. PARTIES TO THE CONTRACT

1.1. SELLER: Title: Çağla Etiket Matbaa San. Tic. Ltd. Şti.

Address: Çınardere mh. Müştak Sk. No: 16/1 Pendik – İstanbul

Website: www.caglaetiket.com

E-posta : info@caglaetiket.com

Phone Number:  0216 452 50 07

1.2. BUYER: Name Surname :

Phone:

Address:

Email:

IP Address:

2. PRODUCTS SUBJECT TO ORDER

https://caglaetiket.com/

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Distance Sales Agreement (hereinafter referred to as the 'Contract' for short) is to determine the rights and obligations of the Parties in relation to the sale and delivery of the product that the Buyer has purchased by ordering electronically from the website named https://caglaetiket.com/alan belonging to the Seller (hereinafter referred to as the 'Website') and which has the qualifications written on the Website and the sales price is specified.

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, since the Parties are merchants within the scope specified in the Turkish Commercial Code No. 6102 and the business subject to the Contract is considered "commercial business" even if the Parties are not merchants. The Law No. 6502 on the Protection of Consumers and related secondary legislation do not apply to the work subject to the contract. In this context, since the definition of 'consumer' is not valid in terms of the Buyers within the meaning of the provisions of the Law on the Protection of the Consumer, the Buyers do not have the right to benefit from the rights and powers, especially the right of withdrawal, granted to the consumers in accordance with the specified legislation.

3.3. The buyer accepts and declares that he has information about the basic characteristics of the product subject to sale, the sales price, the number, the payment method, the delivery conditions and similar information about the product subject to sale and the cancellation and return conditions, that he has confirmed this information electronically by himself and that he has subsequently purchased the product by ordering.

3.4. The preliminary information form and proforma invoice on the payment page of the Website, the Terms of Use and the Privacy Statement are annexes and integral parts of this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The seller is obliged to print and send the design files sent through the Website after the payment has been made in full within the waste rates and delivery date in the printing options in the description of each product.

4.2. The Buyer is obliged to report all the information requested from him such as name, surname, company title, e-mail address, telephone, address, invoice information in accordance with the law, up-to-date, accurate and complete during the membership and order on the Website.

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 performance of this Agreement belong to the parties to the Agreement.

5.2. The buyer must enter the information requested on the Website in order to order from the products offered on the https://caglaetiket.com/ domain named website. If the Buyer places an order without being a member, the Buyer approves the Terms of Use, Privacy Policy and other necessary documents and becomes a member of the Website at the end of the order. The buyer may terminate his membership at any time and also without any justification.

5.3. For printed products that the buyer wants to order; can order the product by marking the options such as the type, size, color, quantity of the printed material and uploading the design.

5.4. The buyer agrees in advance that the return conditions will vary according to whether the products ordered are ready or personal or institution-specific. In this context, the Buyer accepts in advance that he is not entitled to return the products if the products are specially prepared for him/her without distinction of legal or real person.

5.5. After determining the order, the buyer can upload the design files to the site in PDF, PSD, AI, INDD, SVG, EPS formats after throwing the product in the basket. After checking the suitability of the design for printing and ordering, confirmation of the suitability of the design of the order for printing will be obtained from the Buyer via electronic communication, and the Buyer's order will be printed after the approval is received via the e-mail or the confirmation button on the website.

5.6. After the buyer completes the purchase, within 7 (seven) days at the latest, the suitability of the design for printing on issues such as resolution, placement, cut share is checked and corrections are made if necessary. The final version suitable for printing and the suitability of the order are sent to him by e-mail.

5.7. The buyer must approve the design that is optimized for the printing sent to him within 7 (seven) days. If the design is not approved within the given time, the design shall be delivered by the Buyer as it was originally created. Due to the nature and design of the products offered on the Website, the Buyer is obliged to read the options offered to him for the printing of the product and to choose from the options directed to him when necessary. The Buyer is responsible for the erroneous and the options he has selected when choosing the product and for the preparation of the product according to his own request, as he has selected from the Website.

5.8. After the buyer has chosen the product with all its qualities, completing his preferences, the purchase is completed with the payment of the purchase.

5.9. After the Buyer approves the design, the products subject to the order are delivered to the address in printed form within 30 (thirty) days.

6. CANCELLATION AND REFUND POLICY

6.1. Within the scope of this Agreement, as a rule, it is not possible to cancel and return these products since there are products and services produced in accordance with the special requests and demands of the Buyer or made special to the Buyer by making changes or additions.

6.2. The buyer has the right to completely abandon the order without confirming the order conformity and design, and before the purchased products go to print. If the Buyer notifies the Seller of this cancellation request in a timely manner by e-mail or via the 'Customer Service' telephone number specified on the Website, the product price will be returned to him within 10 (ten) business days or upon the request or approval of the Buyer, this amount may be kept in his account and used for subsequent orders, or a coupon code may be defined to the Buyer upon his request and used in his subsequent orders.

6.3. In the event that the products subject to the order are requested to be canceled without entering the printing, the fees for the transactions (proof, printing, graphic editing, etc.), if any, for the relevant orders will be deducted and the amount will be returned to the Buyer within 10 (ten) working days.

7. DELIVERY OF PRODUCTS AND MODE OF DELIVERY

7.1. The products subject to the order shall be delivered to the Buyer at the address specified above by the Buyer, unless otherwise specified separately in writing by the Buyer. The Buyer accepts, declares and undertakes that the information provided by the Buyer regarding the delivery of his order, such as "Delivery Information" and "Buyer", is accurate and up-to-date and that his order can only be received by himself or by the designated buyers against the presentation of his identity.

7.2. As a rule, the costs of delivery belong to the Buyer. If the Seller declares on the Website that the delivery fee of the shoppers over the amount announced in the system during the period of the transaction will be covered by him or that he will make free delivery within the campaign, the delivery cost will belong to the Seller. However, the Seller is free to determine the conditions under which the delivery will be covered by him and does not make any commitment regarding the delivery fee.

7.3. Delivery; stocks are available in ready-made products and in printed products, depending on the production time and not exceeding 30 (thirty) days after the product price subject to the order is transferred to the account of the Seller, it is made as soon as possible.

7.4. The order shall be deemed to have been placed after confirmation has been received of the Buyer's payment information and, if the Buyer has uploaded his own design, after electronic confirmation of the suitability of the submitted work for printing.

7.5. Orders placed on Saturdays, Sundays and public holidays are deemed to have been placed on the first business day following the confirmation of payment information.

8. SELLER'S LIABILITY FOR DEFECTS

8.1. Buyer, in accordance with the Turkish Commercial Code No. 6102; is responsible for checking for defects during the delivery of the products ordered.

8.2. In case of a clearly visible defect in the delivered products, the Buyer is obliged to notify the Seller within 3 (three) days in accordance with Article 23 / c of the Turkish Commercial Code No. 6102. Otherwise, the Buyer shall be deemed to have accepted the delivered product in its defective form in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.3. The Buyer has the obligation to inspect and control (to inspect and/or have the product examined) against the defects that are not clearly evident in the products delivered to him and to notify the Seller immediately if he detects / has a defect detected in the products within 8 (eight) days from the date of delivery. Otherwise, the Buyer shall be deemed to have accepted the delivered product in its defective form in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

8.4. The Buyer is obliged to create a return request on the Website with the notification of the defect and to send the product to the Seller in full and complete as received. In order for the Buyer to return the delivered product for any reason; The product must be kept in its original packaging, returned complete with all packaging materials, without physical damage. In addition, all originals and copies of the waybill and invoice must be sent with the products.

8.5. If there is any unusual situation other than damage caused by the carrier making the delivery, such as any damage, dents, wetness, etc., which can be noticed without opening the package; The buyer must request the delivery officer to prepare a report. 

8.6. The Seller shall carry out the necessary controls together with the notification duly made and the delivery of the product to him afterwards; If the Buyer is right in his / her declarations (all kinds of errors that may occur in the printing process such as color differences, slippage that may occur), it shall replace or reprint the defective product and deliver it to the Buyer at all its own expense. The buyer can also request a refund if they wish. In this case, the refund will be made within 10 (ten) working days.

8.7. In cases where the returned defective product does not remain in stock, there is no possibility of reprinting, the material to be printed cannot be found or the possibility of replacing it with a defective product is eliminated due to similar compelling reasons, the Seller declares and undertakes that he will return the product price to the Buyer in the same way as the method collected, without paying any interest or expense.

8.8. The provisions of the Tax Procedure Law No. 213 and the relevant legislation are reserved for the return of the product and the Buyer and Seller are obliged to comply with the specified provisions.

9. PROVISIONS REGARDING PRICES:

9.1. The price of the products ordered by the Buyer from the Website is indicated on the Website and in the content of the invoice sent to the Buyer. Unless otherwise stated separately, prices do not include VAT.

9.2. If the Buyer makes purchases by credit card and in installments, the installment format selected from the Website is valid. In installment transactions, the relevant provisions of the contract in force between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the Buyer and the Seller has no obligation in this regard.

10. SELLER'S REPRESENTATIONS AND IRRESPONSIBILITY

10.1. The Seller reserves the right to make changes and/or cancel, delete and close all specified issues at any time on the prices and products, colors, material varieties, ready-made designs, as well as promotions and campaigns on the Website, without any obligation to provide any additional information. The Buyer accepts and declares in advance that he will not demand compensation from the Seller under any circumstances for the direct and / or indirect damages that he will suffer due to these changes or cancellations.

10.2. The Seller shall not be held responsible for any problems such as typographical errors, spelling errors, incorrect placement, improper resolution, wrong printing material, measurement and color errors in the design sent by the Buyer during the creation of the order.

10.3. Although the Seller is not obliged to examine whether the content prepared for printing in the products to be printed is in accordance with the law, morality and general legislation, he has the right not to accept the contents that he does not consider appropriate and to cancel the order in this direction.

10.4. The Seller shall not be held responsible for the fact that the colors in the design file or the colors seen from the color cards that appear on the computer or tablet screens when the order is created are not exactly the same as the colors seen on the printed product, and that there is a tonal 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, will not be exposed to the sun or moisture, and that he knows that some printed products must be kept in appropriate storage conditions.

10.6. Regarding the subject matter of this Agreement, in case of incomplete performance, defective or defective performance of the Agreement by the Seller, the Buyer accepts and undertakes that it will not claim any losses, including any positive and/or negative damages and loss of profits. In this context, the financial responsibility of the Seller that may arise from this Agreement is up to the maximum amount of the order.

10.7. Seller shall not be liable for breach of contract, tort, negligence or otherwise; The company does not accept any responsibility for interruption of the transaction, error, omission, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records.

11. FORCE MAJEURE

11.1. Circumstances that do not exist at the time of conclusion of the Contract and that develop outside the control of the Seller, the occurrence of which makes it impossible for the Seller to fulfill the obligations and responsibilities assumed by the Contract in whole or in part or to fulfill them in a timely manner, force majeure (any natural disaster, war, terror, uprising, change in the provisions of the legislation, seizure, strike, lockout, failure of a significant nature in the production and communication facilities,  widespread and/or continuous power and/or internet outages, etc.) is considered to be.

11.2. In the event of Force Majeure, the Seller may unilaterally refrain from performing the obligations undertaken by this Agreement without compensation by refunding the price paid.

11.3. If the force majeure event lasts more than 45 (forty-five) days, the Buyer may terminate this Agreement and request a refund of the price paid.

12. STAMP TAX

12.1. This Agreement is not subject to stamp duty in accordance with Article 6/4 of the General Communiqué on Stamp Duty Law (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.

13. APPLICABLE LAW AND PLACE OF JURISDICTION

13.1 The Buyer irrevocably accepts, declares and undertakes that in all kinds of disputes arising / may arise between the parties, the commercial books, records and documents of the Seller and the computer, fax records, microfilms, e-mail correspondence will be deemed to be conclusive evidence in accordance with Article 193 of the Civil Procedure Code No. 6100.

13.2. This Agreement has been drawn up and approved electronically between the Parties prior to Buyer's payment; In this context, this Agreement replaces the written agreement between the Parties and is an electronic document in accordance with the Law on Civil Procedure No. 6100.

13.3. The Istanbul Anatolian Courts and Enforcement Offices shall have the authority and duty to resolve any dispute arising from this Agreement and the law of the Republic of Turkey shall be applied in the resolution of any dispute.