Commercial Distance Selling Contract
1. PARTIES TO THE CONTRACT
1.1. SELLER:
Trade Name: Reklamchi (Trading as Tabelamatik)
Address: Ulus Mh. Yenturk Cd. No. 25a Yıldırım / BURSA, TÜRKİYE
Website: www.tabelamatik.com/uk/ie
Email: bilgi@tabelamatik.com
Tel. No: +90 534 353 82 61
1.2. BUYER:
Full Name:
Telephone:
Address:
Email:
IP Address:
2. SUBJECT PRODUCTS OF THE ORDER
https://tabelamatik.com/tum-matbaa-baski-urunleri
3. SUBJECT OF THE CONTRACT
3.1. The subject of this Distance Selling Contract (hereinafter referred to as the “Contract”) is the definition of the rights and obligations of the Parties in relation to the sale and delivery of the product purchased by the Buyer by placing an order electronically from the Seller’s website at the domain name www.tabelamatik.com/uk/ie (hereinafter referred to as the “Website”). The product has the qualities stated on the Website and a specified sale price.
3.2. Under this Contract, as the Parties are traders or artisans pursuant to the Turkish Commercial Code No. 6102 and as the subject matter of the Contract is a “commercial transaction”, the Contract is subject to the Turkish Commercial Code No. 6102 and the General Provisions of the Turkish Code of Obligations No. 6098. In this context, the Buyer acknowledges and undertakes that Tabelamatik provides a service aimed exclusively at traders and artisans via its Website, and therefore, the relationship arising under this Contract is not within the scope of the Law No. 6502 on the Protection of the Consumer. Consequently, as the definition of ‘consumer’ under consumer protection legislation does not apply to Buyers, Buyers do not have the right to benefit from the rights and powers granted to consumers under the said legislation, primarily the right of withdrawal.
3.3. The Buyer acknowledges and declares that they are informed of all information regarding the product subject to sale stated above, including its essential qualities, sale price, quantity, payment method, delivery conditions, and similar, as well as cancellation and return conditions; that they have confirmed this information electronically of their own free will; and subsequently purchased the product by placing an order.
3.4. The pro forma invoice on the payment page of the Website and the Clarification Text on the Protection of Personal Data are annexes and integral parts of this Contract.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Seller is obliged to print and deliver completely, within the wastage ratios stated in the printing options in each product’s description and within the delivery period, the design files sent via the Website after payment has been made in full.
4.2. The Buyer is obliged to provide all information requested from them, such as name, surname, company title, email address, telephone, address, invoice details, lawfully, currently, correctly, and completely, while registering on the Website and during the order.
5. PROVISIONS REGARDING ORDER(S)
5.1. The Parties to this Contract are the Buyer and the Seller. In this context, all obligations and responsibilities related to the fulfillment of this Contract belong to the Parties to the Contract.
5.2. The Buyer must enter the information requested on the Website to order products offered on the website at the domain name www.tabelamatik.com/uk/ie. If the Buyer places an order without becoming a member, they become a member of the Website by approving the Terms of Use, Membership Agreement, Clarification Text on the Protection of Personal Data, and other necessary documents at the end of the order. The Buyer may terminate their membership at any time and without showing any reason.
5.3. For the printed products the Buyer wishes to order; they can place the product order by marking options such as the type of printed material, dimensions, colour, quantity, and uploading their design.
5.4. The Buyer acknowledges in advance that the conditions for returning the products they order will vary depending on whether they are ready-made, personalised, or customised for an institution. In this context, the Buyer acknowledges in advance that if the products are prepared specifically for them, regardless of distinction between legal or natural persons, they do not have the right to return the products.
5.5. After the Buyer determines their order, they can upload their design files to the site in PDF, PSD, AI, INDD, SVG, EPS formats after adding the product to the cart. After the suitability of the design for printing and the order is checked, the Buyer’s approval regarding the print readiness of the order’s design will be obtained via electronic communication, either via the email they entered when placing the order or via the approval button on the website. After approval is received, the Buyer’s order will be put into production.
5.6. After the Buyer completes the purchase transaction, within 7 (seven) days at the latest, the suitability of the design for printing in matters such as resolution, layout, bleed is checked and corrections are made if necessary. The final version suitable for printing and the order’s suitability are sent to them by email.
5.7. The Buyer must approve the design optimised for printing sent to them within 7 (seven) days. If the design is not approved within the given time, the design will be printed and delivered to the Buyer in the state it was initially created. Due to the nature and design of the products offered on the Website, the Buyer must read the options presented to them for the product to be printable and make a choice from the options directed to them when necessary. The Buyer is responsible for any errors in the options they declared and selected while choosing the product and for the product being prepared according to their request, as selected by them from the Website.
5.8. After the Buyer selects the product with all its qualities and completes their preferences, the purchase transaction is completed with the payment being made.
5.9. Following the Buyer’s approval of the design, the products subject to the order are delivered to their address in printed form within 30 (thirty) days.
6. CANCELLATION AND RETURN CONDITIONS
6.1. Under this Contract, as a rule, since products and services produced according to the Buyer’s special requests or made specific to the Buyer by making changes or additions are in question, the cancellation and return of these products is not possible.
6.2. The Buyer has the right to completely withdraw from the order before approving the order suitability and design and before the purchased products go to print. If the Buyer notifies the Seller of this withdrawal request in a timely manner via email or via the ‘Customer Services’ telephone number specified on the Website, the product price will be refunded to them within 10 (ten) business days, or, upon the Buyer’s request or approval, this amount can be kept in their account for use in subsequent orders, or a coupon code can be defined for the Buyer upon their request for use in subsequent orders.
6.3. If it is desired to cancel the products subject to the order before they go to print, for the relevant orders, the amount will be refunded to the Buyer within 10 (ten) business days after deducting the fees for any transactions made up to that point (e.g., proof print, graphic editing, etc.).
7. DELIVERY OF PRODUCTS AND METHOD OF DELIVERY
7.1. The products subject to the order will be delivered to the Buyer at the Buyer’s address specified above, unless otherwise specified in writing by the Buyer. The Buyer accepts, declares, and undertakes that the information they have provided regarding the delivery of their order, such as “Delivery Information” and “Buyer”, is correct and current, and that their order can only be received by them or the recipients they designate upon presentation of identification.
7.2. As a rule, delivery expenses belong to the Buyer. If the Seller has declared on the Website, during the period the transaction takes place in the system, that the delivery fee will be borne by them for those shopping above a specified amount or that free delivery will be made as part of a campaign, the delivery expense will belong to the Seller. However, the Seller is free to determine under which conditions they will bear the delivery and does not undertake any commitment regarding the delivery fee.
7.3. Delivery is made as soon as possible, provided that it does not exceed 30 (thirty) days after the price of the product subject to the order is transferred to the Seller’s account, depending on stock availability for ready-made products and the production time for printed products.
7.4. The order is deemed to have been placed after confirmation is received regarding the Buyer’s payment information and, if the Buyer has uploaded their own design, after approval is received electronically regarding the print suitability of the submitted work.
7.5. Orders placed on Saturdays, Sundays, and official holidays are considered to have been placed on the first business day following the confirmation of payment information.
8. SELLER’S LIABILITY FOR DEFECTS
8.1. The Buyer is responsible, pursuant to the Turkish Commercial Code No. 6102, for performing defect inspection upon delivery of the products they have ordered.
8.2. If there is a defect clearly visible among the delivered products, the Buyer is obliged to notify the Seller of the situation 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 with its defect pursuant to Article 223 of the Turkish Code of Obligations No. 6098.
8.3. The Buyer has the obligation to inspect and control (examine and/or have examined) for defects not clearly apparent (hidden) in the products delivered to them and the obligation to notify the Seller immediately if they detect/cause to detect a defect in the products within 8 (eight) days from the delivery date. Otherwise, the Buyer shall be deemed to have accepted the delivered product with its defect pursuant to Article 223 of the Turkish Code of Obligations No. 6098.
8.4. The Buyer is obliged to create a return request via the Website along with the defect notification and to send the product to the Seller completely and in full, in the condition they received it. For the Buyer to be able to return the delivered product for any reason; the product must be preserved in its original packaging, returned exactly as is, without physical damage, with all packaging materials. Additionally, all originals and copies of the dispatch note and invoice must be sent with the products.
8.5. Except for damage caused by the delivering carrier, if there is any abnormal condition such as damage, crushing, wetness, etc., that can be noticed without opening the package; the Buyer must request a report from the delivery officer.
8.6. The Seller, upon proper notification and subsequent delivery of the product to them, performs necessary controls; if the Buyer’s declarations are justified (any errors that may occur during the printing process such as possible colour differences, shifting) delivers the defective product by replacing or reprinting it to the Buyer, with all expenses covered by the Seller. The Buyer may also request a price refund if they wish. In this case, the price refund will be made within 10 (ten) business days.
8.7. In cases where the possibility of replacement with a non-defective product disappears due to the new version of the returned defective product not remaining in stock, the impossibility of reprinting, the inability to find the material to be printed, or similar compelling reasons, the Seller declares and undertakes that it will refund the product price to the Buyer, without any interest or expense, in the same manner as the method of collection.
8.8. In product returns, the provisions of the Tax Procedure Law No. 213 and relevant legislation are reserved, and the Buyer and Seller are obliged to comply with the stated provisions.
9. PROVISIONS REGARDING PRICES
9.1. The price of the products ordered by the Buyer from the Website is specified on the Website and in the invoice content sent to the Buyer. Unless otherwise specified, prices do not include VAT.
9.2. If the Buyer shops with a credit card and in instalments, the instalment method they have selected from the Website is valid. In instalment transactions, the relevant provisions of the contract in force between the Buyer and the cardholder bank apply. The credit card payment date is determined by the contract provisions between the bank and the Buyer, and the Seller has no obligation regarding this matter.
10. SELLER’S DECLARATIONS AND CASES WHERE SELLER IS NOT LIABLE
10.1. The Seller reserves the right to change and/or cancel, delete, close for use all mentioned matters at any time, without any obligation to inform, regarding prices on the Website, product, colour, material varieties, ready-made designs, promotions, and campaigns. The Buyer acknowledges and declares in advance that they will not claim compensation from the Seller under any name for any direct and/or indirect damages they may suffer due to these changes or cancellations.
10.2. The Seller cannot be held responsible for problems arising from typographical errors, spelling mistakes, incorrect placement, unsuitable resolution, selecting the wrong printing material, measurement and colour errors, etc., in the design sent by the Buyer while creating the order.
10.3. Although the Seller has no obligation to check whether the content prepared for printing on products to be sent for printing complies with the law, morality, and general legislation, it has the right not to accept content it deems inappropriate and to cancel the order in this direction.
10.4. The Seller cannot be held responsible for the colours in the design file appearing on computer or tablet screens when creating the order or the colours seen from colour charts not being exactly the same as the colours appearing on the printed product, or for there being a tone difference between the colours in the design file and the printed product.
10.5. 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 must be kept under appropriate storage conditions.
10.6. Regarding the subject of this Contract, the Buyer accepts and undertakes that they will not claim any damage, including any positive and/or negative damages and loss of profit, in cases of incomplete, defective, or faulty performance of the Contract by the Seller. In this context, the Seller’s material liability arising from this Contract is at most the order amount.
10.7. The Seller does not accept any responsibility for interruption of the transaction, error, omission, interruption, deletion, loss, delay in transaction or communication, computer virus, communication error, theft, destruction, or unauthorised access, alteration, or use of records resulting from breach of contract, tort, negligence, or other reasons.
11. FORCE MAJEURE
11.1. Circumstances that did not exist at the date of conclusion of the Contract and developed outside the Seller’s control, the occurrence of which makes it impossible for the Seller to partially or fully perform or perform on time the debts and responsibilities undertaken with the Contract, are considered force majeure (all kinds of natural disasters, war, terror, uprising, change in legislation provisions, seizure, strike, lockout, significant failure in production and communication facilities, widespread and/or continuous electricity and/or internet outages, etc.).
11.2. In case of Force Majeure, the Seller may unilaterally refrain from performing the obligations it has undertaken with this Contract by refunding the paid amount, without compensation.
11.3. If the force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Contract and request a refund of the price they paid.
12. STAMP DUTY
12.1. This Contract is not subject to stamp duty pursuant to 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 COMPETENT COURT
13.1. The Buyer irrevocably accepts, declares, and undertakes that in any disputes arising/may arise between the Parties, the Seller’s commercial books, records, and documents, computer, fax records, microfilms, email correspondences shall be conclusive evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100.
13.2. This Contract was drawn up and approved electronically between the Parties before the Buyer makes payment; in this context, this Contract replaces a written contract between the Parties and is an electronic document pursuant to the Code of Civil Procedure No. 6100.
13.3. In the resolution of any disputes arising from this Contract, the Istanbul Anatolia Courts and Enforcement Offices are authorised and competent, and the law of the Republic of Turkey shall be applied in the resolution of any disputes.