1. PARTIES TO THE CONTRACT

1.1. SELLER:
Title Digital Bass Online Ordering Services
Address: DÜNYA TRADE CENTER NO:48 KAVAKLIDERE, Tehran Caddesi 06680 Çankaya/Ankara
Website www.dijitalbas.com
E-mail : [email protected]

1.2. BUYER:
Name Surname :
Phone:
Address :
Email:
IP Address:

2. PRODUCTS SUBJECT TO ORDER

https://www.dijitalbas.com/

3. SUBJECT MATTER OF THE CONTRACT

3.1. The subject of this Distance Sales 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 that the Buyer purchases by ordering electronically from the Seller's website www.dijitalbas.com (hereinafter referred to as the "Website"), which has the qualifications written on the Website and whose sales price is specified.

3.2. 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 "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 Bidolubaskı provides a service only for merchants and tradesmen through the Website and in this context, the relationship arising under this Agreement is not covered by the Law No. 6502 on Consumer Protection. In this context, since there is no definition of 'consumer' in terms of the provisions of the consumer legislation in terms of the Buyers, the Buyers are not entitled to benefit from the rights and powers, especially the right of withdrawal, granted to consumers in accordance with the aforementioned legislation.

3.3. The Buyer accepts and declares that he / she has information about the basic qualities of the product subject to the sale, sales price, quantity, payment method, delivery conditions and all similar information about the product subject to the sale and the cancellation and return conditions, confirms this information electronically at his / her own will and then orders and purchases the product.

3.4. The proforma invoice on the payment page on the Website and the Clarification Text on the Protection of Personal Data 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 is made in full within the wastage rates and delivery date in the printing options 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, billing information in accordance with the law, current, accurate and complete while becoming a member of the Website and during the order.

5. PROVISIONS REGARDING 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. The Buyer must enter the information requested on the Website in order to order the products offered on the website www.dijitalbas.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, Clarification Text on the Protection of Personal Data and other necessary documents. The Buyer may terminate its membership at any time and also without any justification.

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

5.4. The Buyer agrees in advance that the return conditions will change depending on whether the products ordered are ready-made or personalized or institution-specific orders. In this context, the Buyer agrees in advance that he/she does not have the right to return the products if the products are specially prepared for him/her, regardless of whether they are legal or real persons.
5.5. The Buyer may upload the design files to the website in PDF, PSD, AI, INDD, SVG, EPS formats after placing the order. After checking the suitability of the design for printing and the order, the Buyer's approval will be obtained from the Buyer via electronic communication regarding the suitability of the design of the order for printing, and the Buyer's order will be printed after the approval is received via the e-mail entered when placing the order or via the approval button on the website.

5.6. Within 7 (seven) days at the latest after the buyer completes the purchase, the design is checked for suitability for printing in terms of resolution, layout, cutting allowance, etc. 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 sent to him/her within 7 (seven) days, which is optimized for printing. If the design is not approved within the given period of time, the design shall be delivered in the form first created by the Buyer. Due to the nature and design of the products offered on the Website, the Buyer is obliged to read the options offered to him in order for the product to be printed and to make a choice from the options directed to him when necessary. The Buyer is responsible for the fact that the options he declares and chooses when choosing the product are incorrect and that the product is prepared according to his own request, as he chooses from the Website.

5.8. After the buyer has selected the product with all its qualities and completed his/her preferences, the purchase is completed by making the payment.

5.9. Following the Buyer's approval of the design, the products subject to the order shall be delivered to the address in printed form within 30 (thirty) days.

6. CANCELLATION and RETURN TERMS

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

6.2. The Buyer has the right to completely withdraw from 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 withdrawal request by e-mail or via the 'Customer Service' telephone number specified on the Website in a timely manner, the product price will be returned to him within 10 (ten) business days, or upon the request or approval of the Buyer, this amount can be kept in his account and used in his subsequent orders, or a coupon code can 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 before they are printed, the fees for the related orders (proof printing, graphic editing, etc.), if any, will be deducted and the amount will be refunded to the Buyer within 10 (ten) business days.

7. DELIVERY OF PRODUCTS and DELIVERY METHOD

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 in writing by the Buyer. The Buyer accepts, declares and undertakes that the information he/she has provided regarding the delivery of his/her order, such as "Delivery Information" and "Buyer", is correct and up-to-date, and that his/her order can only be received by him/herself or the recipients he/she has designated against presentation of identity card.

7.2. As a rule, delivery costs belong to the Buyer. If the Seller has declared on the Website that the delivery fee of those who make purchases over the amount announced in the system during the period of the transaction will be covered by itself or that it will deliver free of charge within the campaign, the delivery costs will belong to the Seller. However, the Seller is free to determine the conditions under which the delivery will be covered by itself and does not make any commitment regarding the delivery fee.

7.3. Delivery shall be made as soon as possible, provided that the stocks are available for ready-made products, depending on the production time for printed products and not exceeding 30 (thirty) days after the product price subject to the order is transferred to the Seller's account.

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

7.5. Orders placed on Saturdays, Sundays and public holidays shall be deemed placed on the first business day following the confirmation of payment information.

8. SELLER'S LIABILITY FOR DEFECT

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

8.2. 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 in case of a clearly visible defect in the delivered products. 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 inspected) against defects that are not obvious (hidden) in the products delivered to him and to notify the Seller immediately if he detects / has detected a defect 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 state 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 notice of defect and 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, complete with all packaging materials, and returned exactly as it is, without physical damage. In addition, all originals and copies of the delivery note and invoice must be sent with the products.

8.5. Except for the damage caused by the delivery carrier, if there is any abnormal situation such as damage, dents, wetness that 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 checks upon the delivery of the product to him/her after the notification duly made and afterwards; if the Buyer is right in his/her declarations (any errors that may occur in the printing process such as color difference, slippage), the Seller shall replace or reprint the defective product and deliver it to the Buyer at his/her own expense. The Buyer may also 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 possibility of replacing the returned defective product with a defect-free product is not available in stocks, reprinting is not possible, the material to be printed is not available or for similar compelling reasons, the Seller declares and undertakes that it will refund the product price to the Buyer in the same way as the collected method, without any interest or expense.

8.8. The provisions of the Tax Procedure Law No. 213 and the relevant legislation are reserved in the return of the product 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 invoice sent to the Buyer. Unless otherwise stated separately, prices do not include VAT.

9.2. In the event that the Buyer makes purchases by credit card and in installments, the installment format selected on the Website is valid. In installment transactions, the relevant provisions of the contract in force between the Buyer and the cardholder bank shall apply. The credit card payment date is determined by the provisions of the contract between the bank and the Buyer and the Seller has no obligation regarding this issue.

10. DECLARATIONS AND IRRESPONSIBILITY OF THE SELLER

10.1. The Seller reserves the right to make changes and/or cancel, delete, close for use all specified matters on the prices and product, color, material types and ready-made designs as well as promotions and campaigns on the Website at any time, without the obligation to provide any further information. The Buyer agrees and declares in advance that he/she will not claim compensation from the Seller under any name whatsoever for any direct and / or indirect damages he/she may incur due to these changes or cancellations.

10.2. The Seller cannot be held responsible for problems such as typographical errors, spelling errors, incorrect placement, unsuitable resolution, choosing the wrong printing material, size 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 for printing in the products to be printed is in accordance with the law, morality and general legislation, it has the right not to accept the content it does not deem appropriate and to cancel the order in this direction.

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

10.5. The Seller acknowledges that it is aware that some printed products are not suitable for outdoor use, should not be exposed to the sun or humidity, and that some printed products should 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 agrees and undertakes that it will not claim any damages, including any positive and/or negative damages and loss of profit. In this context, the Seller's financial liability that may arise from this Agreement is up to the maximum order amount.

10.7. The Seller, 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 transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of records.

11. FORCE MAJEURE

11.1. Circumstances which did not exist at the date of conclusion of the Contract and which are beyond the control of the Seller and which, upon their occurrence, make it impossible for the Seller to partially or completely fulfill its obligations and responsibilities under the Contract or to fulfill them on time, shall be deemed to be force majeure (all kinds of natural disasters, war, terrorism, insurrection, change in the provisions of legislation, seizure, strike, lockout, significant malfunction in production and communication facilities, widespread and / or continuous power and / or internet outages, etc.).

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

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

12. STAMP TAX

12.1. This Agreement is not subject to stamp tax pursuant to Article 6/4 of the General Communiqué on Stamp Tax Law (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 the Seller's commercial books, records and documents, computer, fax records, microfilms, e-mail correspondence shall be conclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100 in any dispute that may arise / may arise between the parties.

13.2. This Agreement has been issued 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 status of an electronic document in accordance with the Code of Civil Procedure No. 6100.

13.3. Istanbul Anatolian Courts and Execution Offices shall be competent and authorized to resolve any disputes arising out of this Agreement and the law of the Republic of Turkey shall apply in the resolution of any dispute.