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Commercial Distance Selling Agreement

COMMERCIAL DISTANCE SALES CONTRACT

  1. PARTIES TO THE CONTRACT

    1. SELLER: 

Title: SJ DIGITAL PRINTING CENTER - ZAFER NURİ MORDOĞAN

Address: Çağlayan Mh. Barınaklar Bulv. No:9/A Muratpaşa/ANTALYA

Web site:www.sjdijital.com 

Email: sjdijital@gmail.com

Phone. No: 0242 323 86 00

Tax Number: Kalekapı V.D.:6220287871

  1. BUYER: 

Name and surname :

Telephone:

Address:

Email:

IP Address:

  1. PRODUCTS SUBJECT TO ORDER

https://www.sjdijital.com/category/all-products

  1. THE SUBJECT OF THE CONTRACT

    1. The subject of this Distance Selling Agreement (hereinafter referred to as the 'Agreement') is the Buyer's property belonging to the Seller.www.sjdijital.com  It is the determination of the rights and obligations of the Parties regarding the sale and delivery of the product purchased by placing an order electronically from the website named domain (hereinafter referred to as the 'Website'). It has the qualifications written on the Website and the sales price is specified.

    2. Within the scope of this Agreement, since the Parties are merchants or tradesmen in accordance with the Turkish Commercial Code No. 6102 and the work subject to the Agreement is a "commercial business", the Agreement is subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098. In this context, the Buyer accepts and undertakes that Sj Digital provides a service only to merchants and tradesmen through the Website and, in this context, the relationship arising within the scope of this Agreement is not within the scope of the Consumer Protection Law No. 6502. In this context, since there is no definition of 'consumer' within the meaning of consumer legislation provisions, Buyers are not entitled to benefit from the rights and authorities, especially the right of withdrawal, granted to consumers in accordance with the specified legislation.

    3. The Buyer acknowledges that he/she is informed about the basic characteristics of the product subject to sale mentioned above, the sales price, quantity, payment method, delivery conditions and similar information regarding the product subject to sale, as well as the cancellation and return conditions, and that he/she confirms this information electronically of his/her own volition and then accepts the product. By placing an order, he/she accepts and declares that he/she has purchased it.

    4. The proforma invoice and the Information Text on the Protection of Personal Data on the payment page of the Website are annexes and integral parts of this Agreement.

  2. Rights and liabilities of the parties

    1. After payment is made in full, the Seller is obliged to print and send the design files sent via the Website completely within the wastage rates and delivery date in the printing options stated in the description of each product.

    2. The Buyer is obliged to provide all information requested from him/her, such as name, surname, company title, e-mail address, telephone, address, billing information, in accordance with the law, up-to-date, accurate and complete, while becoming a member of the Website and during the order.

  3. PROVISIONS RELATED TO THE ORDER(S)

    1. The parties to this Agreement are the Buyer and the Seller. In this context, all obligations and responsibilities regarding the fulfillment of this Agreement belong to the parties to the Agreement.

    2. The Buyer must enter the information requested on the Website in order to order the products offered on the website www.sjdijital.com. If the Buyer places an order without being a member, he/she becomes a member of the Website at the end of the order by approving the Terms of Use, Membership Agreement, Information Text on the Protection of Personal Data and other necessary documents. The buyer may terminate his/her membership at any time and without giving any reason.

    3. For the printed products the buyer wants to order; You can order products by selecting options such as type of printed material, size, color, quantity and uploading your design.

    4. The Buyer accepts in advance that the return conditions will vary depending on whether the products ordered are ready-made, personalized or a special order for the institution. In this context, the Buyer accepts in advance that he does not have the right to return the products if the products are prepared specifically for him, regardless of whether he is a legal person or a real person.

    5. After determining the order, the buyer can upload the design files to the site in PDF, PSD, AI, INDD, SVG, EPS formats after adding the product to the cart. After checking the suitability of the design for printing and the order, approval will be received from the Buyer regarding the suitability of the order's design for printing via electronic communication, and the Buyer's order will be printed after approval is received via the e-mail address entered when placing the order or via the confirmation button on the website.

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

    7. The buyer must approve the design optimized for the printing sent to him within 7 (seven) days. If the design is not approved within the given period, the design will be printed and delivered by the Buyer as originally created. Due to the nature and design of the products offered on the Website, the Buyer must read the options offered to him for printing the product and, when necessary, make a choice from the options directed to him. The Buyer is responsible for the errors in the options he declared and selected when choosing the product and for preparing the product according to his own wishes, as he chose from the Website.

    8. After the buyer selects the product with all its features and completes his preferences, the purchase process is completed by making the payment.

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

  4. CANCELLATION AND REFUND CONDITIONS

    1. Within the scope of this Agreement, as a rule, there are products and services that are produced in accordance with the Buyer's special requests and demands or made special to the Buyer by making changes or additions, so cancellation and return of these products is not possible.

    2. The buyer has the right to completely abandon the order before confirming the order suitability and design and before the purchased products are printed. If the Buyer notifies the Seller of this cancellation request in a timely manner via e-mail or via the 'Customer Services' phone number specified on the Website, the product price will be refunded to him within 10 (ten) business days or upon the Buyer's request or Upon approval, this amount can be kept in their account and used in subsequent orders, or a coupon code can be defined for the Buyer upon request and used in subsequent orders.

    3. If the ordered products are requested to be canceled before they are printed, the fees for the relevant orders, if any, for the transactions made so far (proof printing, graphic editing, etc.) will be deducted and the amount will be returned to the Buyer within 10 (ten) business days.

    4.  

  5. DELIVERY OF PRODUCTS AND DELIVERY METHOD

    1. The products subject to the order will be delivered to the Buyer at the address specified by the Buyer above, unless otherwise specified by the Buyer in writing. The Buyer accepts, declares and undertakes that the information provided regarding the delivery of his order, such as "Delivery Information" and "Recipient", is correct and up-to-date, and that the order can only be received by himself or the recipients he has determined upon presentation of his identity.

    2. As a rule, delivery costs belong to the Buyer. If the Seller has declared on the Website that the delivery fee of those who shop above the amount declared during the transaction in the system will be covered by the Seller or that it will provide free delivery within the campaign, the delivery cost will be borne by the Seller. However, the Seller is free to determine the conditions under which the delivery will be covered by the Seller and does not make any commitment regarding the delivery fee.

    3. Delivery; It is done as soon as possible, depending on the availability of stocks for ready-made products, and depending on the production time for printed products, and not exceeding 30 (thirty) days after the price of the product subject to the order is transferred to the Seller's account.

    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 own design, after receiving electronic confirmation regarding the suitability of the submitted work for printing.

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

  6. SELLER'S LIABILITY AGAINST DEFECTS

    1. Buyer, in accordance with the Turkish Commercial Code No. 6102; He/she is responsible for checking defects during the delivery of the products he/she has ordered.

    2. If there is 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 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.

    3. The Buyer is obliged to inspect and control (inspect the product and/or have it examined) against non-obvious (hidden) defects in the products delivered to him, and if he detects/has a defect in the products within 8 (eight) days from the delivery date, he must immediately notify the Seller. There is an obligation to notify. 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.

    4. The Buyer is obliged to submit a return request via the Website together with the defect notice and send the product to the Seller in the exact and complete condition in which it was 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 with all packaging materials intact, without any physical damage. In addition, all originals and copies of the delivery note and invoice must be sent with the products.

    5. Apart from the damage caused by the delivery carrier, if there is any abnormal situation such as damage, dents or wetness that can be noticed without opening the package; The buyer must request the delivery person to prepare a report. 

    6. The seller carries out the necessary checks after duly notifying and then delivering the product to him; If the Buyer is right in his statements (any errors that may occur during the printing process, such as color differences, slippage), the defective product is replaced or reprinted and delivered to the Buyer at his own expense. The buyer may also request a refund if he wishes. In this case, the refund will be made within 10 (ten) business days.

    7. In cases where the possibility of replacing the returned defective product with a non-defective product is eliminated due to the fact that the returned defective product is not in stock, that it is not possible to reprint, that the material to be printed cannot be found or similar compelling reasons, the Seller pays the price of the product to the Buyer in the same way as the collected method, without paying any interest or expense. declares and undertakes to return it.

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

  7. PROVISIONS RELATED TO PRICES

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

    2. If the Buyer makes purchases by credit card and in installments, the installment method chosen on 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 provisions of the contract between the bank and the Buyer, and the Seller has no liability regarding this matter.

  8. SELLER'S REPRESENTATIONS AND CASES IN WHICH HE IS UNRESPONSIBLE

    1. The Seller reserves the right to make changes to the prices, product, color, material types, ready-made designs, promotions and campaigns on the Website at any time, without the obligation to provide any further information, and/or to cancel, delete or disable all specified issues. amount. The Buyer accepts and declares in advance that it will not claim compensation under any circumstances from the Seller for any direct and/or indirect damages it may incur due to these changes or cancellations.

    2. The Seller cannot be held responsible for any problems that may arise in the design sent by the Buyer when creating the order, such as typography errors, spelling errors, incorrect placement, inappropriate resolution, choosing the wrong printing material, measurement and color errors.

    3. Although the seller is not obliged to examine whether the content prepared to be printed on the products to be printed complies with the law, morality and general legislation, it has the right not to accept the content it deems inappropriate and to cancel the order in this regard.

    4. The Seller cannot be held responsible if the colors in the design file or the colors seen on the color charts appearing on the computer or tablet screens when the order is created are not exactly the same as the colors appearing on the printed product, or if there is a tonal difference between the colors in the design file and the printed product.

    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 in appropriate storage conditions.

    6. Regarding the subject of this Agreement, the Buyer accepts and undertakes that it will not claim any damages, including any positive and/or negative damages and loss of profit, in case of incomplete performance, defective or defective performance of the Agreement by the Seller. In this context, the Seller's financial liability arising from this Agreement is maximum the order amount.

    7. Seller, as a result of breach of contract, tort, negligence or other reasons; It does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry into records, modification or use.

  9. FORCE MAJEURE

    1. Circumstances that did not exist at the time the Contract was concluded and developed beyond the Seller's control, making it impossible for the Seller to partially or completely fulfill its obligations and responsibilities under the Contract or to fulfill them on time, force majeure (all kinds of natural disasters, war , terrorism, riot, change in legislative provisions, seizure, strike, lockout, significant malfunction in production and communication facilities, widespread and/or permanent electricity and/or internet outages, etc.).

    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.

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

  10. STAMP DUTY

    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.

  11. APPLICABLE LAW AND JURISDICTION

    1. In case of any dispute that arises/may arise between the parties, the Seller's commercial books, records and documents, computer, fax records, microfilms and e-mail correspondence shall be subject to Article 6100 of the Code of Civil Procedure. The Buyer irrevocably accepts, declares and undertakes that it will be conclusive evidence in accordance with Article 193.

    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.

    3. Istanbul Anatolian Courts and Enforcement Offices are authorized and responsible for resolving any disputes arising from this Agreement and the law of the Republic of Turkey will be applied in resolving any disputes.

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