Commercial Distance Sales Contract
- CONTRACTING PARTIES
- Seller: Title: MyPhotoStation Limited
SNF, MYPHOTOSTATION, MYWORKSPOT, CLYDE HOUSE REFORM
UNITED KINGDOM SL6 8BY
Email : firstname.lastname@example.org
Phone Number: +44 7312 972801
- BUYER: Name & Surname :
SUBJECT OF THE AGREEMENT
3.1. The subject of the hereby Distance Sales Agreement (hereinafter referred to as the ‘Agreement’) is the Buyer’s electronic order from the Seller’s website having the www.myphotostation.com domain name (hereinafter briefly referred to as the ‘Website’) besides the determination of the rights and obligations of the Parties regarding 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 the hereby Agreement are subject to the general provisions of the British Commercial Code since the parties are merchants within the scope specified in the British Commercial Code, and even if the parties are not merchants, the business subject to the contract is considered “commercial business”. Protection of the Consumer and the relevant secondary legislation are not applied to the contracted business. In this context, because the definition of “consumer” in the provisions of the Law on the Protection of the Consumer does not apply to Buyers, Buyers do not have the right to benefit from the rights and powers granted to consumers under the legislation mentioned, particularly the right of withdrawal.
3.3. Buyer accepts and declares that he or she has been informed of the basic features, sales price, quantity, payment method, delivery conditions, and similar cancellation and return conditions of the product subject to sale mentioned above, that he or she has confirmed this information on his or her own volition, and that he or she has then purchased the product by placing an order.
RIGHTS and LIABILITIES OF THE PARTIES
4.1. The seller is obliged to print and deliver the design files sent through the website in full, within the wastage rates and delivery date in the printing options in the description of each product once the buyer makes the payment successfully.
4.2. When subscribing to the Website and during the order, the Buyer is required to provide all requested information, such as name, surname, company title, e-mail address, telephone, address, and billing information, in line with the legislation, up-to-date, correct, and in full.
PROVISIONS RELATING TO THE ORDER(S)
5.1. The parties to this Agreement are the buyer and 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 has to provide the information requested on the Website in order to order the products offered on the website www.myphotostation.com.
The buyer may terminate his/her membership at any time and without any justification.
5.3. When the buyer wants to order printed products, he or she can do so by selecting options such as type, size, color, number of printed material, and uploading the design.
5.4. Buyer agrees in advance that the conditions of return will change depending on whether the products s/he orders are ready or personalized or special to the institution.
In this context, the buyer accepts in advance that s/he does not have the right to return the products if the products are specially prepared for him/her, without distinction of legal or natural person.
5.5. After completing the order and payment, the buyer must upload the design files in PDF, PSD, AI, INDD, SVG, EPS formats to another page. The Buyer’s approval regarding the suitability of the order’s design for printing will be obtained by electronic communication, and the Buyer’s order will be produced when the confirmation is received via the e-mail entered when placing the order.
5.6. After the buyer completes the purchase, no later than 7 (seven) days, the suitability of the design for printing on issues such as resolution, placement, cut share is checked and, if necessary, corrections are made to these issues. The final version suitable for printing and the suitability of the order are sent to buyer via email.
5.7. The buyer must approve the design optimized for the print sent to him within 7 (seven) days. Unless the design is approved within the respited time, the design is delivered to the buyer with the first created version printed. According to the nature and design of the products offered on the website, the buyer must read the options offered in order to print the product and select the options directed when necessary. The buyer is responsible for the fact that the options declared and selected when selecting the product are incorrect and that the product is prepared at their request choosing from the website.
5.8. After the buyer has selected the product with all its qualities and completed their preferences, the purchase process is completed with the payment.
5.9. Upon the design approval of the buyer, the products subject to the order are delivered in print to their address within 30 (thirty) days.
CANCELLATION AND REFUND CONDITIONS
6.1. As per the hereby Agreement, as a rule, cancellation and return of these products is not possible, since the products and services are produced complying with the special requests and/or by making changes or additions.
6.2. The buyer has the right to completely cancel the order when the order and design have not yet been confirmed and/or the purchased products have not been printed yet. When the Buyer notifies the Seller in time of this cancellation request via e-mail or via the ‘Customer Service’ telephone number specified on the Website, the product fee will be returned to them within 10 (ten) business days or this amount will be refunded upon the Buyer’s request or approval. The fee can also be kept in their account and used in future orders, or a coupon code can be defined for the Buyer upon their request and used in future orders.
6.3. Incase that the products subject to the order are requested to be canceled before printing, the amount will be refunded to the Buyer within 10 (ten) working days by deducting the fees, if any, for the operations performed so far (proof printing, graphic editing, etc.).
DELIVERY AND DELIVERY METHOD OF THE PRODUCTS
7.1. Unless the customer requests otherwise in writing, the products subject to order will be delivered to the buyer at the address provided above. Buyer accepts, declares and undertakes that the information provided about the delivery of their order, such as ” Delivery Information” and “buyer”, is accurate and up-to-date, and that they can receive delivery by themselves or the buyers they determine only in exchange for identification.
7.2. As a rule, delivery costs belong to the buyer. The delivery cost will be covered by the Seller if the Seller indicates on the Internet Site that those who shop above a certain amount declared in the system during the operation period will be covered by them or that s/he will do free delivery within the campaign. However, the seller is free to determine under what conditions the delivery will be covered by them and does not make any commitments regarding the delivery fee.
7.3.Delivery is made as soon as possible, depending on 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 considered to have been placed after the Buyer’s payment information is approved, and if the Buyer uploads their 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 considered to have been placed on the first business day following the confirmation of the payment information.
SELLER’S RESPONSIBILITY AGAINST THE DEFECTS
8.1. Buyer, pursuant to the British Commercial Code; is responsible for checking for defects during the delivery of the products ordered.
8.2. In accordance with British Commercial Code , the Buyer is obliged to notify the Seller within 3 (three) days in case of a clearly visible defect in the delivered products. Otherwise, the Buyer shall be deemed to have accepted the delivered product with the defects on it, in accordance with British Commercial Code.
8.3. The Buyer’s obligation is to examine and check (examine and/or have the product examined) for indistinguishable (hidden) defects in the products delivered to them, and to notify the Seller immediately in case of detecting/having detected 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 the defect it has, in accordance with British Commercial Code.
8.4. The Buyer is obliged to deliver the product to the Seller completely and fully as it was received, by making a return request on the Internet Site together with the defect notice. 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, crushes, wetness that can be noticed without opening the package, the buyer should request the delivery person to prepare a report.
8.6. The seller shall make the necessary examinations with the notification duly made and after the delivery of the product to them; in case that the Buyer is right in their statements (any defects that may occur during the printing process, such as color difference, shifting), the Seller shall replace or reprint the defective product and deliver it to the Buyer at Seller’s own expense. The buyer can also request a refund if they wish. In this case, the refund will be made within 10 (ten) business days.
8.7. The Seller declares and undertakes that they will return the product price to the Buyer in the same way as it was paid, without paying any interest or expense, in case that the returned defective product is out of stock, there is no possibility to reprint, the material to be printed can not be found, or for similar compelling reasons lke when the opportunity to replace it with a defective product is no longer available,
8.8. The provisions of the Tax and the relevant legislation are reserved in the product return, and the Buyer and the Seller are obliged to comply with the specified provisions.
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 content sent to the Buyer. Unless otherwise stated, prices do not include VAT.
9.2. In case the buyer makes purchases with a credit card and in installments, the installment form chosen from the Internet Site is valid. In installment operations, 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.
SELLER’S REPRESENTATION AND SITUATIONS KEEP THE SELLER NONLIABLE
10.1. The Seller reserves the right to change the prices and products, colors, 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. Buyer agrees and declares in advance that they will not claim compensation from the seller under any name for direct and/or indirect damages that they will suffer due to these changes or cancellations.
10.2. The Seller is not responsible for problems such as typography errors, spelling mistakes, incorrect placement, improper resolution, incorrect selection of 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, they have the right not to accept the content that they do not consider appropriate and to cancel the order in this regard.
10.4. The Seller can not be held responsible for the colors in the design file appearing on the computer or tablet screens when the order is being created, or when the colors seen on the color charts are not exactly the same as the colors seen in the printed product, or when there is a tonal difference between the colors in the design file and the printed product.
10.5. The Seller agrees that they know that some printed products are not suitable for outdoor use, will not be exposed to sun or moisture, and that some printed products must be kept in appropriate storage conditions.
10.6. Regarding the subject of the hereby Agreement, the Buyer agrees and undertakes not to claim any damages, including any affirmatory and/or negative damage, and loss of profit, in case of incomplete performance, defective or imperfective performance of the Agreement by the Seller. In this regard, the only liability of the Seller that may arise from hereby the Agreement is up to the amount of the order fee.
10.7. The seller does not accept any responsibility as a result of breach of contract, tort, negligence or other reasons; interruption of the operation, error, omission, interruption, deletion, loss, delay of the operation or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records.
11.1. Circumstances that did not exist at the date of the hereby Agreement and that developed beyond the control of the Seller, which made it impossible for the Seller to partially or completely fulfill the obligations and responsibilities assumed by the Agreement or to fulfill them on time (all kinds of natural disasters, war, terrorism, insurrection, amendment of the legislative provisions, etc., confiscation, strike, lockout, major malfunctions in production and communication facilities, widespread and/or permanent electricity and/or internet interruptions, etc.) are deemed as force majeure.
11.2. In case of force majeure, the seller may avoid unilaterally performing the acts imposed by this agreement without compensation by refunding the fee paid.
11.3. If force majeure lasts more than 45 (forty-five) days, the Buyer may terminate this Agreement and request a refund of the price they paid.
APPLICABLE LAW AND PLACE OF THE AUTHORIZED JURISDICTION
13.1. In all kinds of disputes that arise/may arise between the parties; the commercial books, records, and documents of the Seller, as well as the computer, fax records, microfilms, and 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. Hereby the Agreement has been drawn up and approved electronically between the Parties prior to the Buyer’s payment. In this context, hereby Agreement replaces the written agreement between the Parties and is an electronic document in accordance with the Code of Civil Procedure No. 6100.