Distance Sales Agreement and Pre-Information Form
A. Pre-Information Form
1. Subject and Scope
This Pre-Information Form has been prepared to inform the BUYER about the essential terms regarding the distance sale of digitally printed fabrics, custom designs, and related products offered for sale under the DESENIX brand.
The BUYER acknowledges that, before placing an order, they have been informed of the product's essential characteristics, the selected pattern, fabric type, color variant, size or meterage, total price, payment, production, delivery, right of withdrawal, and dispute resolution methods.
2. Seller Information
Brand: DESENIX
Legal name: 9 Dijital Baskı San. Tic. Ltd. Şti.
Address: Atakent Mah. 221. Sk. Rota Office A Blok No: 3/1 İç Kapı No: 17 Küçükçekmece/İstanbul
Phone: +90 507 393 70 54
Email: [email protected]
Web: desenix.com
Where available, the tax office, tax number, MERSIS, and registered e-mail (KEP) information is shown automatically in this section from the central company settings.
3. Buyer Information
Name, surname, or title: Automatically filled in at the time of order.
Shipping address: Automatically filled in at the time of order.
Billing address: Automatically filled in at the time of order.
Phone: Automatically filled in at the time of order.
Email: Automatically filled in at the time of order.
If the BUYER acts for commercial or professional purposes, the transaction may be considered a commercial transaction. The special rights granted to consumers apply only to BUYERS who fall within the legal definition of a consumer.
4. Product and Order Information
Product name: Automatically filled in at the time of order.
Pattern name and code: Automatically filled in at the time of order.
Fabric type: Automatically filled in at the time of order.
Color variant: Automatically filled in at the time of order.
Size or meterage: Automatically filled in at the time of order.
Unit price: Automatically filled in at the time of order.
VAT: Automatically filled in at the time of order.
Shipping fee: Automatically filled in at the time of order.
Discount: Automatically filled in at the time of order.
Total payment: Automatically filled in at the time of order.
Payment method: Automatically filled in at the time of order.
Order date: Automatically filled in at the time of order.
Estimated production and delivery time: Automatically filled in at the time of order.
The product's current characteristics, price, and order scope are shown to the BUYER through the order summary prior to payment.
5. Production and Technical Characteristics
DESENIX products may be manufactured to order in line with the pattern, fabric, color, size, or meterage information selected, depending on the nature of the order.
Reasonable differences in tone and texture between the product and the on-screen preview may occur due to color variations between digital displays, the structure of the fabric, the production batch, the printing technique, heat treatment, and finishing processes.
The BUYER's legal rights regarding defective goods are reserved with respect to differences that exceed the production tolerances stated on the product page, affect the product's use, or clearly contradict the order.
Sample production is carried out only if it has been added to the scope of the order, its fee has been specified, or it has been separately confirmed in writing by the parties.
6. Delivery
The product is shipped to the BUYER's delivery address within the estimated period stated at the time of order.
Unless otherwise expressly agreed, delivery in consumer transactions is completed within the legal periods. For custom-prepared products, the parties may agree on a longer production and delivery period based on the order's characteristics.
The SELLER is responsible for any loss or damage occurring until the product is delivered to the BUYER or to the person designated by the BUYER, except for the exceptions specified in the applicable legislation.
7. Pre-Information Regarding the Right of Withdrawal
For standard products shipped from stock and not personalized based on the BUYER's request, the consumer may exercise the right of withdrawal without giving any reason within 14 days from the date the product is delivered.
The withdrawal notice must be communicated through an explicit statement via email, the user account, or the application channel provided on the site.
Products manufactured specifically according to the pattern, fabric type, color variant, size, or meterage selected by the BUYER; prepared using a design, logo, or image uploaded by the BUYER; or customized to personal needs, may fall within the exception to the right of withdrawal.
Cancellation requests submitted before production has begun may be evaluated by the SELLER based on the operational status of the order. This practice does not create a right of withdrawal that does not otherwise exist by law.
Being custom-manufactured does not eliminate the BUYER's legal rights in the event the product is defective, faulty, or contrary to the order's characteristics.
8. Return Process
For orders where the right of withdrawal applies, the BUYER shall ship the product in accordance with the specified return method within the legal period from the withdrawal notice.
The contracted carrier information for returns is communicated to the BUYER on the order or return screen.
In the case of a valid withdrawal request, the amount collected is refunded to the BUYER within the period specified in the applicable legislation and in a manner appropriate to the payment method used.
The time it takes for the bank or payment institution to reflect the refund amount to the account may vary after the date the SELLER completes the refund transaction.
9. Dispute Resolution
In disputes arising from consumer transactions, the BUYER may apply to the Provincial or District Consumer Arbitration Committee within the monetary limits in effect for the relevant year, depending on the value of the dispute.
For consumer disputes exceeding the monetary limit, the mandatory mediation and consumer court remedies provided for in the applicable legislation may be pursued.
Applications may be made to the competent authorities at the consumer's place of residence or at the place where the consumer transaction was carried out.
In disputes arising from orders placed for commercial or professional purposes, the relevant provisions of commercial and obligations law apply instead of consumer legislation.
B. Distance Sales Agreement
1. Parties
This Distance Sales Agreement has been established electronically between the SELLER, whose information is stated above, and the BUYER, whose information is recorded at the time of order.
2. Subject of the Agreement
The subject of the Agreement is the sale, production, payment, and delivery of the products ordered by the BUYER through the DESENIX website, and the determination of the mutual rights and obligations of the parties.
The order summary, the Pre-Information Form, and the product information shown before payment form an integral part of this Agreement.
3. Formation of the Agreement
The Agreement is formed when the BUYER electronically approves the Pre-Information Form and the Distance Sales Agreement and clicks the order button that gives rise to a payment obligation.
If payment cannot be completed or is not approved by the payment institution, the order does not become final.
4. Order and Production
The SELLER is obligated to prepare the product in accordance with the pattern, fabric, color, size, meterage, and other characteristics stated in the order summary.
The BUYER is obligated to check the information in the order summary. Once production has begun, changes to the pattern, fabric, color, size, or meterage may only be made with the SELLER's written consent.
Any difference in price or delivery time arising from a change is not applied without notifying the BUYER.
5. Designs Uploaded by the Buyer
The BUYER acknowledges that they hold the right to use and print the pattern, photograph, logo, font, drawing, or other content they upload to the site.
The BUYER is responsible for any content that infringes the copyright, trademark, design, personality, or other rights of third parties.
The SELLER may refuse and decline to put into production any content deemed to be contrary to law, general morality, personal rights, or the rights of third parties.
The BUYER's custom designs are used solely for the purpose of fulfilling the order.
A design may be added to the DESENIX pattern archive only if the BUYER separately and explicitly consents to it.
6. Price and Payment
The total price of the products, including all taxes, together with shipping, discounts, and other fees if any, is shown in the order summary prior to payment.
No additional fee may be added to the order total without the BUYER's explicit consent.
Payment is made using one of the valid payment methods offered on the site.
7. Delivery and Liability for Damage
The SELLER is obligated to ship the order within the agreed production and delivery period.
If it becomes apparent that the order cannot be fulfilled, the BUYER is informed in writing or through a durable data carrier within the period specified in the applicable legislation.
Amounts collected are refunded to the BUYER within the legal periods.
The SELLER is responsible for any loss or damage occurring until the product is delivered to the BUYER or to the third party designated by the BUYER, except for the legal exceptions.
8. Withdrawal, Cancellation, and Return
For standard products where the right of withdrawal applies, the BUYER may submit a withdrawal notice within 14 days from delivery.
For products prepared according to the BUYER's specific requests; manufactured according to the selected pattern, fabric, color, size, or meterage; or containing a personal design or logo, the exceptions to the right of withdrawal set out in the applicable legislation apply.
Cancellation requests submitted before production has begun may be evaluated by the SELLER based on the status of the order.
The BUYER's statutory rights of election with respect to defective, faulty, or non-conforming products are reserved.
9. Defective Products and Inspection
If the BUYER identifies damage, an incorrect product, a printing error, or a discrepancy with the order in the product received, they may contact the SELLER together with the order number and explanatory images.
The SELLER reviews the application and evaluates the options of repair, re-production, replacement, price reduction, or refund in accordance with the nature of the product and the applicable legislation.
This provision does not limit the consumer's statutory rights of election.
10. Force Majeure
Natural disaster, war, epidemic, strike, power outage, disruption of transportation or the supply chain, a decision of a public authority, and similar circumstances arising beyond the reasonable control of the parties may be considered force majeure.
If force majeure affects the fulfillment of the order, the BUYER is informed and offered options in accordance with the applicable legislation.
11. Personal Data
The BUYER's personal data is processed for the purposes of receiving the order, payment, production, delivery, invoicing, customer service, and fulfilling legal obligations, in accordance with the applicable personal data legislation and the DESENIX Privacy Policy.
12. Effectiveness
The BUYER declares that, before confirming the order, they have read the Pre-Information Form and the Distance Sales Agreement and accepted them electronically.
The Agreement enters into force upon the BUYER's electronic approval and confirmation of the order by the payment system.
The following information is automatically included in the order-specific copy of the Agreement:
Order number: Automatically filled in at the time of order.
Agreement version: Automatically filled in at the time of order.
Agreement date: Automatically filled in at the time of order.
Seller information: 9 Dijital Baskı San. Tic. Ltd. Şti., Atakent Mah. 221. Sk. Rota Office A Blok No: 3/1 İç Kapı No: 17 Küçükçekmece/İstanbul
Buyer information: Automatically filled in at the time of order., Automatically filled in at the time of order.
Product and order details: Automatically filled in at the time of order. — Automatically filled in at the time of order.
Payment information: Automatically filled in at the time of order. — Automatically filled in at the time of order.
Delivery information: Automatically filled in at the time of order.
Date and time of approval: Automatically filled in at the time of order.
This Agreement is executed by the BUYER's electronic approval and does not additionally require a wet-ink signature; the approval records shall be taken as the basis.