1.1. SELLER: Title: Penart Cam İmalat Sanayi ve Ticaret Ltd Şti
Address: Bahçeli Evler Mah. 7013 Sok. No:10//A Turgutreis/Bodrum
Website: www.camkalem.com
E-mail : info@camkalem.com
Phone. No: +905323768748
1.2. BUYER: Name Surname:
Phone:
Address :
Email:
IP Address:
2. PRODUCTS SUBJECT TO ORDER
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Distance Sales Agreement (hereinafter referred to as the 'Agreement') is the Buyer's order in electronic form from the Seller's website www.camkalem.com (hereinafter briefly referred to as the 'Website'). It is the determination of the rights and obligations of the Parties in relation to the sale and delivery of the product, which has the qualifications written on the Internet Site and whose 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 work subject to the Contract is considered "commercial work" even if the Parties are not merchants. The Law No. 6502 on the Protection of the Consumer and the relevant secondary legislation are not applied to the contracted business. In this context, since the definition of 'consumer' in the sense of the provisions of the Law on the Protection of the Consumer is not valid for the Buyers, the Buyers do not have the right to benefit from the rights and authorities, especially the right of withdrawal, which are granted to the consumers in accordance with the specified legislation.
3.3. The buyer shall be informed about the basic characteristics of the product subject to the above-mentioned sale, sales price, quantity, payment method, delivery conditions and all information about the product subject to sale, as well as the cancellation and return conditions, that he/she confirms this information electronically at his/her own will, and then confirms the product. accepts and declares that he/she has purchased by placing an order.
3.4. The pre-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 inseparable parts of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Seller is obliged to fully fulfill all the commitments in the description of the product sold on the Website after the payment is made in full.
4.2. The Buyer is obliged to submit all the information requested from him, such as name, surname, company title, e-mail address, telephone, address, billing information, in accordance with the law, in an up-to-date, correct and complete manner when subscribing to the Website and during the order.
5. PROVISIONS REGARDING THE 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 of the Agreement.
5.2. The Buyer has to enter the information requested on the Website in order to order the products offered on the website www.camaklem.com. 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 can terminate his membership at any time and also without giving any reason.
5.3. For the printed products that the buyer wishes to order; can order the product by marking the options such as type, size, color, quantity of the printed material and uploading the design.
5.4. The buyer accepts in advance that the return conditions will change depending on whether the products he has ordered are ready-made, personal or corporate-specific. In this context, the Buyer accepts in advance that he/she does not have the right to return the products if the products are specially prepared for him, regardless 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 adding the product to the basket. After checking the suitability of the design for printing and the order, the Buyer's approval regarding the suitability of the order's design for printing will be obtained through electronic communication.
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, layout, cutting 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 via e-mail.
5.7. The buyer must approve the design optimized for the print sent to him within 7 (seven) days. If the design is not approved within the given time, the design is delivered as it was first created by the Buyer. Due to the nature and design of the products offered on the Website, the buyer has to read the options presented to him in order to print the product and, if necessary, choose from the options directed to him. The Buyer is responsible for the incorrectness of the options declared and chosen when choosing the product, and for the preparation of the product according to his own demand, as he chooses from the Internet Site.
5.8. After the buyer chooses 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 products subject to the order are delivered to the address within 30 (thirty) days.
6. CANCELLATION AND REFUND CONDITIONS
6.1. Under this Agreement, as a rule, there are products and services that are produced in accordance with the Buyer's special requests and demands or that have been made special to the Buyer by making changes or additions, and it is not possible to cancel or return these products.
6.2. The buyer has the right to completely abandon the order before confirming the suitability of the order and the design and before the purchased products go to print. If the Buyer notifies the Seller in time of this waiver request via e-mail or via the 'Customer Services' telephone number specified on the Website, the product price will be returned to him within 10 (ten) business days or the Buyer's request or Upon approval, this amount can be kept in his account and used in future orders, or a coupon code can be defined to the Buyer upon his request and used in his next orders.
6.3. In the event that the products subject to the order are requested to be canceled before they are printed, the fees, 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) working days.
7. DELIVERY AND DELIVERY METHOD OF THE PRODUCTS
7.1. The products subject to the order will be delivered to the Buyer at the address specified by the Buyer above, unless otherwise specified in writing by the Buyer. The Buyer accepts, declares and undertakes that the information he gives about the delivery of his order, such as "Delivery Information" and "Buyer", is correct and up-to-date, and that the order can be received by himself or the buyers he has determined, only in return for the presentation of his identity.
7.2. As a rule, delivery costs belong to the Buyer. If the Seller has declared on the Internet Site that the delivery fee of those who shop above the amount declared in the system during the period of the transaction, will be covered by him or that he will make free delivery within the scope of the campaign, the delivery cost will be borne by the Seller. However, the Seller is free to determine under which conditions the delivery will be covered by him and does not make any commitment regarding the delivery fee.
7.3. delivery; It is done as soon as possible, depending on the availability of stocks for ready-made products, 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.
7.4. The order will be deemed to have been placed after the Buyer's payment information has been approved, and if the Buyer has uploaded his own design, the submitted work is approved in electronic form for its suitability 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 the payment information.
8. SELLER'S RESPONSIBILITY AGAINST THE MISSING AND DEFECTIVE PRODUCT
8.1. Buyer, pursuant to the Turkish Commercial Code No. 6102; is responsible for checking for errors during the delivery of the ordered products.
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, pursuant to Article 23/c of the Turkish Commercial Code No. 6102. Otherwise, the Buyer shall be deemed to have accepted the delivered product as defective in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.3. The Buyer's obligation to inspect and control (inspect and/or have the product examined) against obvious (hidden) defects in the products delivered to him, and in case of detecting/having a defect in the products within 8 (eight) days from the delivery date, shall be immediately notified to the Seller. have an obligation to report. Otherwise, the Buyer shall be deemed to have accepted the delivered product with its faulty condition in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.4. The Buyer is obliged to send the product to the Seller completely and completely as it was received, by creating a return request on the Internet Site, together with the erroneous notification. In order for the Buyer to return the delivered product for any reason; The product must be kept in its original packaging and returned in its original form, complete with all packaging materials, without any physical damage. In addition, all originals and copies of the waybill and invoice must be sent with the products.
8.5. Except for the damage caused by the carrier making the delivery, if there is any abnormal condition such as damage, dents, wetness that can be noticed without opening the package; The buyer should request the delivery person to prepare a report.
8.6. The seller performs the necessary checks with the notification duly made and after the delivery of the product to him; In the event that the Buyer is right in his statements (any errors that may occur during the printing process such as color difference, slippage), the defective product shall be exchanged or reprinted and delivered to the Buyer at the expense of the customer. The buyer may request a refund if he/she wishes. In this case, the refund will be made within 10 (ten) business days.
8.7. In cases where the returned defective product is out of stock, there is no possibility of reprinting, the material to be printed cannot be found, or for similar compelling reasons, the opportunity to replace it with a defective product is no longer available, the Seller returns the product price to the Buyer in the same way as the collected method, without paying any interest or expense. declares and undertakes to return it.
8.8. The provisions of the Tax Procedure Law No. 213 and the relevant legislation are reserved for the product return, and the Buyer and the Seller are obliged to comply with the specified provisions.
9. PROVISIONS ON PRICES:
9.1. The price of the products ordered by the Buyer from the Website is stated on the Website and in the content of the invoice sent to the Buyer. Unless otherwise stated, prices do not include VAT.
9.2. In case the Buyer makes shopping with a credit card and in installments, the installment form chosen 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 regarding this issue.
10. SELLER'S STATEMENTS AND INSURANCES
10.1. The Seller reserves the right to change the prices and product, color, material types, ready-made designs, promotions and campaigns on the Website at any time, without the obligation to give any further notice, and/or to cancel, delete, and disable all the specified issues. amount. The Buyer agrees and declares in advance that he will not demand any compensation from the Seller for any direct and/or indirect damages incurred due to these changes or cancellations.
10.2. The Seller cannot be held responsible for problems such as typography errors, spelling errors, wrong placement, inappropriate resolution, wrong printing material selection, measurement and color errors in the design sent by the Buyer while creating the order.
10.3. Although the seller is not obliged to examine whether the content prepared to be printed in the products to be printed is in compliance with the law, morality and general legislation, it has the right to reject the content that it does not deem appropriate and to cancel the order in this direction.
10.4. The Seller cannot be held responsible for the colors in the design file appearing on the computer or tablet screens when the order is being created, or the colors seen on the color charts are not exactly the same as the colors seen in the printed product, and there is a tonal difference between the colors in the design file and the printed product.
10.5. The seller accepts that he knows that some printed products are not suitable for outdoor use, that they will not be exposed to the sun or moisture, and that some printed products should be kept in suitable storage conditions.
10.6. Regarding the subject of this Contract, the Buyer accepts and undertakes that he will not claim any damages, including any positive and/or negative damage and loss of profit, in case of incomplete performance, defective or defective performance of the Contract by the Seller. In this context, the Seller's material liability that may arise from this Agreement is up to the maximum amount of the order.
10.7. As a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, 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 date of conclusion of the Contract and that develop beyond the Seller's control, which make it impossible for the Seller to partially or completely fulfill the obligations and responsibilities assumed by the Agreement or to fulfill them on time, force majeure (all kinds of natural disasters, war , terrorism, riots, changes in legislative provisions, seizures, strikes, lockouts, major malfunctions in production and communication facilities, widespread and/or continuous electricity and/or internet interruptions, etc.).
11.2. In the event of Force Majeure, the Seller may avoid unilaterally fulfilling the obligations under this Agreement, without compensation, by returning the price paid.
11.3. In case the force majeure 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 Stamp Duty Law General Communiqué (Serial No: 60) published in the Official Gazette dated 29.09.2016 and numbered 29842.
13. APPLICABLE LAW AND AUTHORIZED JURISDICTION
13.1 In all kinds of disputes that arise or may arise between the parties, the commercial books, records and documents of the Seller, as well as the computer, fax records, microfilms, e-mail correspondence, are subject to Article 6100 of the Code of Civil Procedure. According to 193, the Buyer irrevocably accepts, declares and undertakes that it will be considered as conclusive evidence.
13.2. This Agreement has been drawn up and approved electronically between the Parties before the Buyer makes the payment; In this context, this Agreement replaces the written agreement between the Parties and is in the form of an electronic document in accordance with the Code of Civil Procedure No. 6100.
13.3. Istanbul Anatolian Courts and Enforcement Offices are authorized and responsible for the resolution of any dispute arising from this Agreement, and the law of the Republic of Turkey will be applied in the resolution of any dispute.