STANDARD TERMS AND CONDITIONS OF SALE

All sales made by our company are based on the laws of the Republic of Türkiye.

​RIGHTS AND LIABILITIES OF THE SELLER
SALE OF PRODUCTS THROUGH THE SELLER'S WEBSITE AND PROVIDING THE APPROPRIATE ELECTRONIC ENVIRONMENT FOR THIS:

• SELLER provides the necessary technical infrastructure and electronic environment for the product sales made through its own https://uesvarak.com/ website.
• Product prices are announced on the website with special discounts, if any, defined by the SELLER for the user ID. These prices are the final sales prices of the products; they are valid until updated and changed by the SELLER. The prices announced periodically are valid until the end of the specified period.
• SELLER reserves the right to unilaterally change the price and product feature information of the products it offers for sale in the electronic environment at any time. If there is an error in the price and feature information of the product sold, the SELLER shall notify the BUYER, and may correct the order and deliver the product or cancel the order and return the order amount to the BUYER's account, as per the BUYER's preference. The BUYER accepts, declares and undertakes in advance that it will not claim any other rights or receivables from the SELLER for this reason.
• The SELLER shall deliver the product subject to the contract to the BUYER in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any. The BUYER shall confirm whether these are in the cargo upon delivery of the product. Such matters must be reported within 3 (three) days from the delivery, otherwise the SELLER shall not be obliged to meet the BUYER's demands.
• The product sales made by the SELLER are limited to its own stocks. The display of the product on the SELLER's website cannot be interpreted as a commitment by the SELLER that the product is in stock. The delivery times of the products placed as an order are declared to the BUYER on the relevant product page and order summary. Since the products are imported, the SELLER may refrain from delivering products that are not in stock, cancel the order and return the order amount to the BUYER's account.
• Product sales made by the SELLER to the BUYER cannot be interpreted as granting the BUYER sole seller authority or granting geographically exclusive sales authority. The SELLER is free to provide direct service and sell products to all buyers it wishes.

DELIVERY OF THE PRODUCT SUBJECT TO THE CONTRACT TO THE BUYER:

• In order for the product subject to the contract to be delivered to the BUYER, this contract must be approved and executed electronically by the BUYER and the SELLER, and the Product price must be paid through the payment methods defined on the BUYER's internet address. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to have been relieved of its obligation to deliver the product.
• The delivery costs belong to the BUYER. These costs are added to the product price during the product sale and collected from the BUYER during payment.
• The SELLER makes maximum efforts to deliver the orders given to the BUYER quickly according to the current stock and logistics possibilities. However, if the SELLER cannot deliver the product subject to the contract within the specified time due to stock depletion and similar commercial impossibilities, unexpected situations, situations that are legally considered force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, and/or if the delivery of the product becomes impossible, the SELLER shall immediately notify the BUYER of the situation and cancel the BUYER's order.
• In this case, the product price paid to the BUYER shall be paid in cash within 10 days following the cancellation date. In such a case, the SELLER shall not be held responsible for late performance or non-performance of the contract terms. Such and similar situations shall not be deemed as delay, non-performance or default on the part of the SELLER, and no compensation obligation shall arise for the SELLER for such situations.
• The SELLER is not responsible for any damages that may occur during the transportation of the product.
• Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation completely and completely. Therefore, all kinds of damages arising from the BUYER receiving the product late, and the expenses incurred due to the product waiting at the cargo company and/or the cargo being returned to the seller belong to the BUYER.
• If the SELLER requests the delivery of the purchased product to an address other than the BUYER's address upon the BUYER's request and instruction, the product will be delivered to this address provided. The BUYER accepts the delivery made in this manner as if it was delivered to him/her. If the product in question is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom the delivery will be made not accepting the delivery.
• Even if the delivery is made to the address provided by the BUYER, the product invoice will be issued in the name of the BUYER.

​RIGHTS AND LIABILITIES OF THE BUYER
PREVIOUS INFORMATION BEFORE SALE:

BUYER accepts and declares that he/she has read and is informed about the basic characteristics, sales price and payment method of the product subject to the Agreement and the preliminary information regarding delivery on the https://www.uesvarak.com/ website and has given the necessary confirmation electronically.

PAYMENT OF THE PRODUCT PRICE:

• ​BUYER can pay the product price by choosing one of the payment methods defined on the website, either by transfer to the SELLER's bank account or by credit card.
• If the product price is not paid by the BUYER within 24 hours of the order being placed, the BUYER's order will be automatically canceled, this Agreement will become null and void and the SELLER will not be obliged to deliver the product. 

OBLIGATION TO CHECK THE DELIVERED PRODUCT AND TO NOTIFY THE SELLER IMMEDIATELY IN CASE THE GOODS ARE DEFECTIVE:

• The BUYER will inspect the product subject to the contract before receiving it and will not receive the damaged and defective product from the cargo company.
• If the BUYER does not make any notification during this period, it is assumed that the product has been delivered to the BUYER free from damage and without defects, complete and complete.
• The BUYER accepts, declares and undertakes in advance that it will not claim indirect damages such as lost profits or price difference from the SELLER for any reason in the event that a defect is detected in the product.

BUYER'S LIABILITY ARISING FROM CONSUMER REQUESTS AND/OR FINAL BUYERS' REQUESTS:

• The BUYER shall be solely responsible for any legal and penal liability arising from its violation of the Consumer Protection Law No. 6502 and other relevant legislation and regulation provisions.
• If the SELLER is required to make any payment to the final consumer for any reason and under any name, the BUYER accepts, declares and undertakes in advance to pay this amount in cash and in one go upon the first written notification of the SELLER, without the need for any warning, together with all its accessories.
• The parties agree that the SELLER shall have no liability whatsoever to the BUYER and/or all final buyers, including the BUYER's customers who are not covered by the Consumer Protection Law No. 6502. All claims of these, including but not limited to tort, contractual claims, direct damage claims or indirect damage claims such as loss of profit, are entirely the responsibility of the BUYER; it is not possible to claim them from the SELLER.
• The BUYER accepts, declares and undertakes in advance to compensate the SELLER for any damages that the SELLER may suffer due to this reason, in cash and in one go, upon the SELLER's first request, without the need for any other request.

WARRANTY

• The products subject to the contract are under the SELLER's warranty for 3 months from the date of delivery against errors and defects that may arise from manufacturing faults.
• Malfunctions that may occur due to user errors, accidents or force majeure are not covered by the warranty.
• The BUYER must keep the products in the dark, moisture-free, room temperature conditions under the conditions stated during the warranty period.

APPLICABLE LAW AND AUTHORIZED COURT

Turkish law will be applied to any disputes that may arise between the parties due to this Agreement; in case of dispute, the European Courts and Enforcement Offices of Istanbul are authorized.

MISCELLANEOUS PROVISIONS

• All notifications to be made in connection with this Agreement shall be made in writing via e-mail, fax, registered mail, telegram or notary.
• The parties accept, declare and undertake that in all disputes that may arise from this Agreement, the SELLER's commercial books and records, the data stored in the SELLER's systems and website shall constitute definitive evidence pursuant to Article 193 of the Civil Procedure Law No. 6100.
• The failure of any party to exercise or enforce a right arising from this Agreement shall not be deemed as a waiver of the said right and shall not constitute an obstacle to the subsequent exercise or enforcement of the said right.
• In the event that any provision of this Agreement becomes partially or completely invalid, unlawful or unenforceable for any reason, such invalidity shall not affect the entirety of the Agreement and the validity and/or enforceability of the other provisions. In the event that any provision is determined to be invalid, illegal or unenforceable, the Parties agree and undertake to negotiate in good faith to modify this Agreement in a mutually acceptable manner that best reflects the original intent of the Parties and to ensure that the transactions hereunder are conducted to the fullest extent possible.
• SELLER may assign this Agreement in whole or in part at any time without notice. However, BUYER may not assign this Agreement or any part thereof to another party. Any such attempted assignment is void.

LIMITED LIABILITY STATEMENT

1- STABLE PRODUCTION CONDITIONS IN TEXTILE PRINTING TECHNOLOGIES

In printing companies or dyehouses operating in our country; many reasons threaten stable production, from production input costs to energy, from workmanship quality and standards to the concern of adapting to fierce competition conditions. For these reasons, they generally have difficulty in achieving repeatable quality standards in their production.

2- STABILITY OF TEXTILE PRINTING MATERIALS

Printing materials used in textile products; water-based/solvent-based paint, abrasion paste, water-based/solvent-based glues, adhesive films, digital printing paints, etc. generally consist of semi-finished chemicals. In other words, they are compounds or mixtures whose chemical reactions have not yet been completed and need to be fixed correctly. Foil perhaps stands out among these products as the only semi-finished product whose chemical reaction has been completed. Foil, which can only be bonded to other carrier fabrics, leather, with glue or binder skills, remains fixed in its current properties after it is produced, and its position against other chemicals cannot be changed. In the foil-glue-substrate combination, if the foil is not compatible, it has the chance to become compatible with other components only by reproducing it. Otherwise, it is possible to use the same foil by creating different conditions on other elements.

3- PRINTING WORKSHOPS AND FACTORIES OR DYEHOUSES PROVIDING STANDARD CONDITIONS

Unfortunately, although our country is a textile country, companies that produce for the domestic market and subcontractor companies in particular have difficulty in providing the operating conditions accepted worldwide. In general, businesses that are revised to comply with the standards of brands have still not been able to internalize many principles and compromise on standard production by being carried away by the expensive charm of unequipped personnel or cheap labor at many critical control points. If I may say so, trained personnel are still more popular than educated personnel, and educated personnel do not inspire confidence due to the insufficient level of education they receive. Businesses that are in a race against time, also under the influence of fashion compared to other sectors, continue production without performing or being able to perform the necessary quality control or production control stages in many areas and supply brand companies with questionable final products or components or do subcontractor work.

4- WEATHER CONDITIONS-HUMIDITY, PRESSURE, SUNLIGHT, UV

Textile printing processes are all chemical and mechanical processes and must be managed with the right engineering knowledge. Standardized environmental conditions together with fixed raw material inputs allow for repeatability of production, and therefore the possibility of sample productions and real production or order repeat productions in the same direction.

5- STANDARDS, MAINTENANCE IN APPLICATION MACHINES

The machines used in the printing sector in our country generally operate without being bound by standards. Most machines reach the right result in similar or similar products at different heat, pressure or process times. Just as the values ​​of a business definitely do not match other businesses, the heat pressure values ​​in the machines within the business do not match each other. Maintenance operations are generally carried out by the businesses' own personnel. Most of the time, necessary maintenance is either not performed or delayed due to cost concerns. This makes it difficult to reach results that can be obtained with controlled variables or leaves it to chance.

6- STABILIZATION IN PRODUCTS PRINTED ON SUBSTRATES, STANDARD

There may also be differences in the way the printed fabrics or products leave the dyehouses. Most of the time, printing processes carried out for fashion reasons are aimed to increase the added value with contrast or tone-on-tone prints, or with current motifs and figures, and to make them easier to sell. Most of the time, fabrics not produced for printing are also aimed to be evaluated within this scope. The misconception in the sector is that every additional print made with the top-gluing impregnation process should give the same result, which is actually completely wrong. The printing process consists of a chain unity that starts with the thread and the finish of the thread and ends with foil, dye, flock, beads, stones or cut applique films on top. The weakness of a link in the chain directly affects the result. And again, due to the widespread general misconception and understanding, the fault is sought in the products printed last. However, the rings that make up the chain should be checked and the chemical interactions that will occur with each other should definitely be associated.

7- GUARANTEED FOIL PRODUCT

When viewed in the light of all this information, the responsibility of the foil product being sold is only as it should be in a commercial commodity.

It should be properly wrapped.

There should be no tears, cuts or breaks in the packaging.

The correct product should be labeled with the correct code.

The correct batch number and label should be on it, and it should allow tracking.

There should be no visible marks or stains on the wrapping.

The user company should be warned in case of a change in origin.

It should be preserved in the correct storage conditions.

The products sold can be returned as long as the “resaleable” feature is not lost, as per the optional provision. On the other hand, the issues that are outside the responsibility limits of the seller company are as follows.

Although the products are stated to be produced with high quality, they are sold with lower added value due to the price advantage compared to equivalent products. This also imposes a great responsibility on the printing company due to the fact that the products printed or final textile products (including brand value when necessary) have a very small value in addition to the high costs in printing processes.

The printing company is the company that gives the commitment. It should determine that all components are correct and sufficient, and thus, it should start production under the correct and necessary conditions, and minimize risks by performing a quality control test on each product or every 10 or 100 products detected. Otherwise, evaluating the entire batch with a single test at the beginning or end will either be a very early prejudgment or a very late useless control.

Results outside the acceptable limits that may occur in foil can only be changed by differentiating other elements. Foil is a component that has finished its chemical reaction in itself. It can only be changed after production, such as color change with heat, mechanical deterioration of the carrier film. Therefore, in compounds that do not give the correct result, results should definitely be obtained with other components and parameters that can be changed. Or, considering the differences between the batches, different batch foils can be tried.

The performances of equivalent products may be different in other components and parameters. This issue, which is often overlooked, causes wrong judgments and grievances. It should not be forgotten that seemingly identical products produced by completely different manufacturers consist of different components and give different responses to different chemical reactions. Similarly, the same manufacturer's productions in different colors, patterns or models can give different printing results with the same components.

Washing fastness, light fastness, sweat fastness, mechanical fastness are tests where a whole is tested. There is no longer fabric, glue, foil, mold or master. There is a foil printed product. Therefore, the guarantee that can be given for this product (although it is still recommended to give a guarantee) can only be given by the printing company that produces it. A company that only sells foil or only glue cannot give a guarantee for this new product. It is necessary to be wary of companies that give this guarantee in order not to be victimized in the future.

Foil production can be done in a way that the textile sector is accustomed to, in a way that foresees and accepts color tone differences between batches. Production that can be done according to the order size can be done with a single batch concept from 3 thousand meters to 24 thousand meters. Therefore, although the inevitable tone differences are controlled in the winding stages, the difference can be lost or increased due to issues such as pattern, amount to be transferred, heat, glue pH, etc. However, the data that can be obtained after printing should be constantly checked by the printing company, and the production should be abandoned when it goes beyond acceptable limits. Since foil printing productions will always be open to these results, these risks should definitely be taken into account in the pricing given by the printing companies and precautions should be taken against possible grievances.

In this case, the principle of NO WARRANTY ON SOLD FOILS has been adopted by our company. If a guarantee is to be given; a guarantee is given only in matters such as packaging, package, winding, metering, transportation, storage as a commercial commodity.

Apart from this, all other mastery, operating conditions, external components, newly developed testing techniques or the performance of equivalent products under the same conditions are definitely the reasons that directly affect the result.