Distance Sales Agreement

 

1. PARTIES

1.1. SELLER

  • Company Title: Otiket Basım Sanayi Ticaret Limited Şirketi

  • Address: Beysan San. Sit. Yakuplu Mh. Dereboyu Cd. No:15/3 Beylikdüzü - İSTANBUL

  • Phone: 0533 684 5386

  • E-mail: info@otiket.com.tr

  • Mersis No: [Mersis Number, if any]

  • Tax Office and No: 6491341352

1.2. BUYER (Individual Consumer or Corporate Customer) The name/title, address, TR ID No or Tax ID, and contact information used when placing an order on the site will be taken as a basis. The terms of this contract will be subject to the relevant laws (Law No. 6502 on Consumer Protection or Turkish Commercial Code No. 6102) according to the invoice type (Individual or Corporate) declared by the Buyer during the payment stage.

2. SUBJECT MATTER

The subject of this Contract is to determine the rights and obligations of the parties regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the Buyer ordered electronically from the Seller's Otiket website.

3. PRODUCT SUBJECT TO CONTRACT AND PAYMENT INFORMATION

It consists of the type, quantity, material, size, sales price, payment method, and information at the time the order is finalized. The Buyer agrees to pay the price including VAT (or the VAT exclusive pricing conditions specified in the B2B portal) and, if any, the shipping fee.

4. DELIVERY AND DAMAGE RESPONSIBILITY

4.1. The product subject to the contract is delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period explained in the preliminary information on the website, depending on the distance of the Buyer's residence. 4.2. The Seller is responsible for all loss and damage that may occur until the product is delivered. However, the Buyer is obliged to check the cargo package when receiving the product. If there is external damage, crushing, or wetness in the package, the Buyer should not accept the cargo and should have a "Damage Detection Report" prepared by the cargo official. In the case of cargos accepted without a report, the responsibility passes entirely to the Buyer.

5. EXCEPTION TO THE RIGHT OF WITHDRAWAL (CUSTOM PRODUCTION)

Print and label orders placed through Otiket are produced "customized for the individual and institution" according to the size, design, and material specifications chosen by the Buyer. Therefore, in accordance with Article 15, paragraph 1/b of Law No. 6502 and the Regulation on Distance Contracts, "in contracts relating to goods prepared in line with the consumer's wishes or personal needs," the consumer cannot exercise the right of withdrawal. Arbitrary returns, cancellations, or the right of withdrawal are not valid for products whose production has started or which have been delivered.

6. NOTIFICATION PERIODS FOR DEFECTIVE PRODUCTS

6.1. For Corporate Buyers (B2B): If the Buyer makes a purchase as a corporate entity (merchant/tradesperson) and with a commercial invoice, the Turkish Commercial Code No. 6102 applies. The Buyer must notify the Seller of apparent defects in the delivered products within a maximum of 3 (three) days from the delivery date, and for hidden defects, within 8 (eight) days. Otherwise, the product will be deemed accepted in its defective state. 6.2. For Individual Buyers (B2C): If the Buyer is an individual consumer, defect notifications are subject to the provisions of Law No. 6502 on Consumer Protection.

7. DESIGN AND PRODUCTION RESPONSIBILITY (IMPORTANT PROTECTION CLAUSES)

7.1. The Seller cannot be held responsible for issues such as typographical errors, spelling mistakes, incorrect placement, inappropriate resolution, selection of unsuitable printing material (coated, opaque, transparent, etc.), size, and color errors in the design uploaded or approved by the Buyer when creating an order. The responsibility for copyright and usage rights of the design belongs entirely to the Buyer. 7.2. Production is carried out using digital and offset printing technologies. It is normal for there to be a tonal difference between the colors (RGB) seen on the Buyer's computer or mobile device screens and the colors (CMYK) in the final printed product, and these perceptual tonal differences cannot be considered a defect or a reason for return. Pantone or special color matching is not guaranteed. 7.3. While the Seller is not obliged to examine whether the content to be printed is in compliance with the law or general morality, it reserves the right to unilaterally cancel orders with content it deems inappropriate.

8. COMPENSATION AND LIMITATION OF LIABILITY

In relation to the subject of this Contract, in cases of incomplete performance, defective or faulty performance (e.g., incorrect printing, use of wrong material) by the Seller, the Buyer cannot claim compensation for indirect damages, including any positive and/or negative damages, loss of production, or loss of profit. The Seller's maximum legal and financial liability arising from this Contract is limited to the invoice amount of the order only for faulty products. In case of faulty production, the Seller may, at its option, reprint the products or only refund the order amount.

9. PROTECTION OF PERSONAL DATA

The Buyer's personal and corporate data are processed in accordance with Law No. 6698 on the Protection of Personal Data (KVKK) solely for the purpose of fulfilling the order, invoicing, and managing logistics processes. It will not be shared with third parties for marketing purposes without the explicit consent of the Buyer.

10. AUTHORIZED COURT AND RESOLUTION AUTHORITY

In disputes arising from this contract;

  • If the Buyer is an Individual Consumer; Consumer Arbitration Committees and Consumer Courts in the Buyer's or Seller's place of residence are authorized within the monetary limits announced by the Ministry of Trade.

  • If the Buyer is a Corporate (Commercial) Customer; Istanbul Courts and Enforcement Offices are authorized to resolve disputes.

11. EFFECTIVENESS

By making the payment for an order placed on the site, the Buyer is deemed to have read, understood, and accepted all terms of this contract.