1. Parties and Acceptance of the Agreement
1.1. Parties to the Agreement
1.1.1. It is Elsanat Tasarım Üretim Tedarik İç ve Dış Ticaret Limited Şirketi with tax number 3331567727 and trade registry number 155286-5, operating at İkitelli Organized Industrial Zone Saraçlar Sitesi 13.Block No:59 Başakşehir Istanbul Turkey and hereinafter referred to as "Elsanat".< /p>
1.1.1. They are the individuals or legal entities that place an order with Elsanat and will be referred to as the "Customer" hereinafter.
1.2. Acceptance of the Agreement
1.2.1. Individuals or legal entities that place orders to Elsanat via websites, e-mail, telephone or other electronic or traditional communication channels have accepted this agreement in full.
2. Payment, Operation and Working Conditions
2.1. A price offer is prepared, and a sales contract is sent to you for approval after the offer is accepted.
2.2. If requested, a sample is printed for a fee and sent to the Customer.
2.3. Upon receipt of the order, 60% of the total amount including VAT is collected and the production process begins.
2.4. The products are prepared within the time specified in the contract and, if requested, the photos of the order individually or collectively are sent to the Customer.
2.5. The remaining 40% of the total order amount is collected.
2.6. Orders can be delivered as counter-payment to the cargo/logistics company that the Customer will notify or have an agreement with, or they can be received from the central address of Elsanat.
2.7. Payments are made as a single payment by bank transfer or credit card. Payment by check, promissory note or similar deferred systems are not accepted.
2.8. Orders are definitely not delivered until the full amount is collected.
3. Technical Details
3.1. Technical Details for Glass and Porcelain Products
3.1.1. The colors seen on a screen and/or on a paper and/or original colors corresponding to Pantone, Ral etc. code of the visual material (logo, pattern, graphic, photograph, etc.) sent by the customer for printing and the printing colors applied on glass or porcelain can never be produced in the same tone. There may be differences in color tones. Especially in intermediate colors, this difference appears more clearly.
3.1.2. If the Customer shows sensitivity to the closeness of the original colors and the post-production printing colors, or has concerns about this, he/she should request that samples be made and sent from Elsanat. The customer should approve after seeing the sample.
3.1.3. If the visual material transmitted by the customer is applied to both glass and porcelain products, there will be a tonal difference in the printing colors between the two. The reason for this is that the paints produced for glass and porcelain are produced from different raw materials and the glass is transparent and the porcelain is white.
3.1.4. When printing is done on the products that are not supplied from Elsanat and sent to Elsanat for printing by the Customer, problems may occur due to the raw material of the product. In this case, it is recommended to request samples. Even 20-30 days after printing, some products may experience problems such as shedding and coming off due to the raw material of the product or unknown product origin.
3.1.5. All printed porcelain products produced by Elsanat can be washed in the dishwasher and the prints do not come off, loss of brightness, scratching and fading can be seen in the prints in use for more than 1 year. This period may be reduced further depending on the frequency of use of the products. It is recommended to wash by hand for longer use and print brightness.
3.1.6. When the printed glass products produced by Elsanat are washed in the dishwasher, fading, scratching and peeling may occur in the prints, so glass products must be washed by hand.
3.1.7. All glass and porcelain products with gold and platinum gilding must be hand washed. Because gold and platinum gilding has a much thinner layer than other paints and is sensitive. Care should be taken that the products are not in contact with each other during washing, in such a case, scratches may occur on the print. Since some dishwashing detergents contain chemicals that damage prints, please examine before washing whether they damage painted porcelain or glass products in the instructions for use of dishwashing detergents. You can easily wash printed products with all hand washing dishwashing detergents.
3.1.8. Dishwasher detergents recommended by Elsanat for porcelain products: Finish and Pril branded tablet dishwasher detergents can be used, but since the content of these detergents may change in the future, use should be continued after a few products are tried and tested before all products are washed.
3.1.9. Dishwasher detergents that Elsanat does not recommend to be used for porcelain products: All Fairy brand powder and gel dishwasher detergents greatly damage the prints on the product, and when used, prints may be damaged.
3.2. Technical Details for Textile and Saddlery Products
3.2.1. In this product group, printing is done with embroidery and silk screen methods. In visual works that are detailed and have a small print area, the embroidery method will not give good results, and it may prevent the logo or visual material to be processed from being exactly the same. In this case, the silk screen method should be preferred.
3.3. Technical Details for All Products and Services
3.3.1. In case it is requested by the customer or could made by Elsanat; In order to give an idea to the Customer, digital images showing the draft work of the finished product are prepared in computer environment and a written order confirmation is obtained from the Customer in electronic environment with these images. These digital images may not clearly show the details, surface and texture of the product from all angles. There may be differences between the approved digital image and the actual product produced. Orders that are sent to the customer and approved by digital images are accepted as approved.
3.3.2. The colors seen on a screen and/or on a paper and/or original colors corresponding to Pantone, Ral etc. code of the visual material sent by the customer for printing and the printing colors applied on any printed product can never be made in the same tone.
3.3.3. Since all products printed or produced by Elsanat are generally hand-made or semi-automatic semi-hand made products, there may be slight differences in the location of the printing or the size of the products.
3.3.4. If the customer is sensitive to all technical issues mentioned in article 3 and sub-clauses of this contract, he should definitely request a sample product. Disputes and objections that may arise after the order for products and services for which samples are not requested will not be accepted. Information should be obtained from Elsanat for sample fee and production time.
3.4. The customer placing the order is deemed to have accepted all technical detail conditions and recommendations in Article 3 and sub-clauses of this contract, Elsanat does not accept responsibility in case of disagreement.
4. Validity of Orders
4.1. Orders are valid as soon as the payment reaches our bank account, and the production process begins. The cost of unfulfilled orders is returned to the Customer.
4.2. Elsanat has the right to change the price of any product and service or to cancel the product and service when it deems necessary.
4.3. The customer from the moment of placing the order has accepted in advance to assume all legal responsibilities that may arise from the use of intellectual property and copyrights of the brand/company logo, text, drawing, pattern or all visual materials sent to Elsanat, and that he/she will not demand any equivalent or compensation from Elsanat due to these legal obligations
4.4. Elsanat undertakes that it will not share any written and visual materials that the Customer owns intellectual property and copyrights with other companies or individuals, except for mandatory production activities.
5.1. The customer can receive their orders from the central address of Elsanat specified in the contract.
5.2. Elsanat can deliver the orders to the cargo/logistics firm to be notified by the Customer.
5.3. Elsanat's delivery of the order to the cargo/logistics company or having it ready at the Elsanat head office within the period notified in writing at the time of order is considered as fulfilling its delivery obligation. The responsibility of the loss of the products during transportation or their failure to reach the Customer for any reason is the responsibility of the cargo/logistics company. In case of a dispute on this issue, the Customer should contact the cargo/logistics company. Elsanat is only obliged to submit the document or delivery number indicating that it has delivered the products to the cargo/logistics company.
5.4. Deliveries vary depending on the workload and order quantity, but are usually made within a maximum of 15 business days following the payment. This period may be longer depending on the order quantity. The net production time will be notified to the Customer at the time of order. Unless otherwise stated in the contract, cargo, handling, logistics, transportation, etc. fees are always borne by the Customer.
5.5. Damage, breakage, etc. that may occur during transportation. Cargo/logistics companies offer special or sensitive transportation services against their situation. Elsanat recommends using these services.
5.6. Products that do not meet the order quantity of at least 1 pallet (120x80x100cm) are sent with a parcel. Cargo/logistics companies do not insure glass and porcelain products, so Elsanat does not accept responsibility for damages that may occur during transportation for products that do not meet the order amount of 1 pallet.
5.7. In case of damage to glass and porcelain products transported with pallets, Elsanat produces new products up to a maximum of 5% of the order amount and sends it to the customer free of charge, provided that the Customer submits the images of the damaged product.
5.8. In case of damaged or missing products in the packages reaching the customer, detailed videos and photos of the packages should be taken and reported to Elsanat. Elsanat will investigate this situation as this situation may have occurred during the transportation of the cargo/logistics company. As a result of this investigation, if Elsanat determines that there is a damaged or missing product, the cargo/logistics fee will be covered by Elsanat and these products will be sent to the Customer. In case of disagreement on this matter, Elsanat's records or statements will be taken as the basis.
6. Force Majeure
6.1. Force majeure (natural disaster, war, etc.) , terrorism, insurrection, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not be liable for any failure to fulfill their obligations. If the force majeure situation continues for 10 (ten) days, each party will have the right to terminate the order unilaterally.
7. Return / Right of Withdrawal
7.1. Elsanat reserves the right to cancel the order or cancel the contract in case the Customer wants to cancel the order or cancel the contract for the prepayment collected orders. In case of expenses incurred for this order, Elsanat may also offer to refund a portion of the payment made.
7.2. Since all products sold by Elsanat are products specially produced for the Customer or supplied upon request, return requests will not be accepted. Product return request and payment refund request will not be accepted for the customer who does not accept the products for any reason or does not take delivery intentionally.
8. Default Provisions
8.1. In case the parties fail to fulfill their obligations arising from this contract, the provisions of the Debtor's Default in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations without a justifiable reason, the other party will give 7 days to the failed party for the performance of the said act. If it is not fulfilled within this period, the creditor has the right to demand the delivery of the goods, and/or the termination of the contract and the refund of the price, by demanding the performance of the party who has not fulfilled its performance.
8.2. Elsanat undertakes to notify the Customer of this situation before the expiry of the contractual performance obligation, if it cannot fulfill its contractual obligations (in case the product cannot be supplied from the supplier or manufacturer in any way), stating that it is impossible to fulfill the goods or services subject to the order. In this case, Elsanat has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer.
8.3. If Elsanat cannot deliver the product subject to the contract in due time due to force majeure or weather conditions that prevent transportation, interruption of transportation, extraordinary events and/or disasters such as fire, earthquake, flood, Customer agrees that Elsanat has no responsibility and to postpone the delivery period until the blocking situation is removed.
9. Competent Court
9.1. Istanbul European Side Courts are authorized for the implementation of this contract. In the event that the order is fulfilled, Elsanat and the Customer are deemed to have accepted all the terms of this contract.