1. Parties
1.1. SELLER
- Legal Name: 3Dwovens Kompozit Limited Şirketi
- Address: Yenibosna Merkez Mah. Yalçın Koreş Cad. Kor Sok. No:9, Bahçelievler / İstanbul / Türkiye
- Phone: +90 (212) 639 47 49
- Email: [email protected]
- MERSİS No: 0001164856100001
- Tax Office / Tax No: Yenibosna / 0011648561
- Trade Registry No: 133909-5
- Chamber of Commerce: İstanbul Ticaret Odası
1.2. BUYER
- Name / Company: completed for each request
- Delivery Address: completed for each request
- Billing Address: completed for each request
- Phone: completed for each request
- Email: completed for each request
1.3. The BUYER's details are those declared by the BUYER in the Order Request and by email before the Proforma Invoice is issued; the BUYER is responsible for their accuracy. Notices are sent to the email addresses above; unless a change is notified, the last notified address is valid.
2. Definitions
- Law: Law No. 6502 on the Protection of Consumers.
- Regulation: Mesafeli Sözleşmeler Yönetmeliği (Regulation on Distance Contracts, Official Gazette 27.11.2014/29188) as amended.
- Site: The website at https://3dwovens.com.
- Product: The plates, drone parts and Cutting Items presented on the Site and sold upon an Order Request, and goods manufactured upon Quotation.
- Cutting Item: One or more parts CNC-cut from the SELLER's plate according to the drawing sent by the BUYER with the Order Request or by email.
- Order Request: The request sent by the BUYER through the request form on the Site, containing the Product, the quantity and contact details. An Order Request is not an order; it does not bind the BUYER, does not conclude a contract and does not initiate a payment.
- Order Approval and Proforma Invoice: The SELLER's notice to the BUYER by email that it has reviewed and accepts the Order Request is the Order Approval. The Proforma Invoice sent with the Order Approval shows the items, quantities, amounts excluding VAT, VAT, shipping charge, total price including all taxes and the payment methods (the Payment Link or bank transfer to the SELLER's bank account).
- Quotation: For custom-manufactured Products, the SELLER's written offer stating the characteristics, price, payment and delivery terms and the delivery period.
- Payment Link: The link sent with the Order Approval email, leading to the secure payment page of PayTR, a payment institution licensed under Law No. 6493, and valid for three days.
- Consumer: A natural or legal person acting for purposes outside any commercial or professional activity.
3. Subject and Scope
3.1. The subject of this Agreement is the sale and delivery of the Products whose characteristics and price are stated in the Proforma Invoice or the Quotation issued upon the BUYER's Order Request. The Cancellation and Refund Policy, the Delivery Terms, the Transaction Guide and the Privacy Policy and KVKK Disclosure Notice published on the Site are annexes to this Agreement.
3.2. Where the BUYER acts as a consumer, the Law and the Regulation apply. Consumer status is determined by the purpose of the purchase; requesting a corporate invoice does not in itself take the BUYER out of consumer status. Sales for commercial or professional purposes are governed by the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102 and carry no right of withdrawal.
3.3. In commercial sales the BUYER inspects the Product without delay on delivery; if apparent defects are not notified to the SELLER in writing within two business days of delivery, or latent defects within eight days of their discovery, the Product is deemed accepted.
4. Product, Price and Payment
4.1. The Products and price under this Agreement:
- Request No: completed for each request
- Order Items: completed for each request
- Subtotal (excluding VAT): completed for each request
- VAT: completed for each request
- Shipping Charge: completed for each request
- Total Price Including Taxes: completed for each request
- Currency: completed for each request
- Payment Method: completed for each request
- Carrier: completed for each request
- Request Date: completed for each request
- Items Excluded from the Right of Withdrawal: completed for each request
4.2. The display of prices, the currency, discounts, the shipping charge and the BUYER's express acceptance are governed by Article 3 of the Pre-Information Form. For Products without a price published on the product page, for Cutting Items and for custom-manufactured Products the binding price is the price stated in the Quotation.
4.3. The price is paid by the method stated on the Proforma Invoice: by credit or debit card on PayTR's secure payment page, through the Payment Link, or by bank transfer to the SELLER's bank account stated on the Proforma Invoice.
4.4. The payment period is the period set out in Article 4.3 of the Pre-Information Form. For custom-manufactured Products the payment method and period are stated in the Quotation.
4.5. The invoice is issued on the basis of the details declared by the BUYER as an e-Invoice (e-Fatura) or e-Archive invoice (e-Arşiv fatura) and sent by email; a printout or a dispatch note accompanies the Product. For individual invoices the Turkish identity number is optional. For deliveries outside Türkiye the invoice is issued without VAT.
5. Order Request and Conclusion of the Agreement
5.1. An Order Request is sent from the request form on the Site through the steps described in the Transaction Guide. An Order Request is not an order; it does not bind the BUYER, does not conclude a contract and does not initiate a payment. The SELLER reviews the request and notifies the BUYER by email of the Order Approval with the Proforma Invoice, or of the reason for not accepting the request.
5.2. The Site has no cart, no payment step and no confirmation boxes. The Pre-Information Form and this Agreement, completed for the request, are sent to the BUYER by email in every case before the Agreement is concluded: for Products with a price published on the product page, with the email confirming receipt of the request; for other Products, with the Order Approval email. The Pre-Information Form and the Proforma Invoice state that there is no right of withdrawal for Cutting Items; the BUYER accepts this by approving the Proforma Invoice. The obligation to pay is stated clearly, before payment, in the email carrying the Proforma Invoice and the Payment Link and on PayTR's payment page (Pre-Information Form, Art. 9.2).
5.3. The Agreement is concluded, after the SELLER has notified the Order Approval, when the BUYER approves the Proforma Invoice and pays the price by the method stated on it; payment of the price constitutes approval of the Proforma Invoice. The price is deemed paid, for a card payment, when PayTR approves the payment and, for a bank transfer, when it is credited to the SELLER's account. If the request is not accepted or the payment is not approved or not made in time, the Agreement is not concluded and no amount is collected from the BUYER.
5.4. The SELLER may decline an Order Request only for a justified reason: the file sent not being suitable for production, an obvious pricing error, sanctions and export control (6.4), or production or supply becoming impossible for a reason other than stock availability. The goods being out of stock is neither a reason to decline nor impossibility of performance; the SELLER remains bound to deliver within the period in Article 7.2. Impossibility is notified to the BUYER in writing or on a durable medium within three days of the SELLER becoming aware of it. Where an order contains an obviously erroneous price, the BUYER is informed without delay and may withdraw from the order. In these cases any payment taken, including delivery costs, is refunded within fourteen days at the latest.
5.5. For Products without a price published on the product page, for Cutting Items and for custom-manufactured Products, such as profiles and composite structures woven to a drawing, a Quotation is sent upon the Order Request; the Quotation may be sent as a Proforma Invoice. The Agreement is concluded when the BUYER accepts the Quotation in writing and pays the price. If the BUYER does not pay within the period in the Quotation, the SELLER may cancel the order.
6. Product Characteristics and General Provisions
6.1. The Products are delivered in conformity with the technical characteristics stated on the product page and in the Proforma Invoice or the Quotation; any non-conformity is subject to the rules on defective goods, and the BUYER's statutory remedies under the Law are reserved. Assessing whether a Product suits loads and conditions of use other than those stated on the product page is the BUYER's responsibility; technical support given by the SELLER in that respect does not constitute a performance guarantee unless separately undertaken in writing.
6.2. Differences in dimension, surface, colour and texture that arise from the nature of composite materials and remain within the tolerance range stated in the technical specification or approved by the BUYER in writing are not deemed defects. Product images are for promotional purposes.
6.3. The BUYER declares that it holds the necessary rights in the drawings it sends for Cutting Items. The SELLER uses these files solely to price, check and produce the relevant request and order and does not share them with third parties. Consequences of dimensional or geometric errors in the drawing are not deemed defects; for a cut departing from the drawing or the notified tolerance, or for a material defect, the BUYER's statutory remedies are reserved.
6.4. The Products may be subject to export control. The BUYER undertakes not to use or transfer the Products in breach of export control, embargo and sanctions legislation. No sales are made to countries, persons or entities subject to sanctions or embargoes. For orders abroad the SELLER may request an end-user and end-use declaration before the Order Approval; if the required permits cannot be obtained, it may terminate the Agreement and refunds the collected price within fourteen days.
6.5. In cases of force majeure (such as natural disaster, epidemic, war, strike, fire, decisions of public authorities, or extraordinary interruptions in raw materials, energy or transport) the SELLER's performance is suspended for as long as the impediment persists, and the BUYER is notified without delay. If the impediment exceeds thirty days, either Party may terminate the Agreement, in which case the collected price is refunded within fourteen days.
6.6. If the price is not paid to the SELLER because the BUYER's card has been used without authorisation, the BUYER returns the delivered Product within three business days, at the SELLER's expense.
7. Delivery
7.1. Deliveries within Türkiye are made through Yurtiçi Kargo and no shipping charge is collected from the BUYER. For deliveries abroad the carrier, delivery terms and shipping charge are determined under Articles 3.3 and 3.4 of the Pre-Information Form; the shipping charge binds the BUYER only upon its express acceptance given by replying to the SELLER's email. Delivery requires that the Agreement has been concluded and the price paid.
7.2. Products sold from stock are dispatched within the period stated on the product page, Cutting Items and Products made to order within the period notified in the Order Approval, and custom-manufactured Products within the period in the Quotation; items with different preparation periods are shipped in a single consignment unless otherwise notified. In consumer sales other than custom-manufactured Products, the delivery period may not in any event exceed thirty days from the Order Request reaching the SELLER. If the SELLER does not deliver within that period, the BUYER may terminate the Agreement; all payments collected, including delivery costs, are then refunded within fourteen days of the notice of termination reaching the SELLER, together with statutory interest determined under Law No. 3095.
7.3. The SELLER is liable for loss of and damage to the Product until it is delivered to the BUYER or to the person shown at its address. For consignments with damaged packaging it is recommended that a damage report be drawn up by the carrier; the absence of such a report does not extinguish the rights of a consumer BUYER. The SELLER is not liable if a person other than the BUYER refuses delivery. Details are set out in the Delivery Terms.
8. Right of Withdrawal
8.1. The conditions, period and procedure of the right of withdrawal of a BUYER acting as a consumer, the carrier designated for returns, the return costs, the refund and the cases in which the right of withdrawal does not apply are set out in Articles 5 and 6 of the Pre-Information Form; the return process is described in detail in the Cancellation and Refund Policy.
8.2. Cutting Items are produced to the drawing sent by the BUYER and therefore fall within Article 15(1)(b) of the Regulation; there is no right of withdrawal for them. The right of withdrawal for the other Products in the same order is reserved.
9. Personal Data and Commercial Messages
Personal data is processed in accordance with Law No. 6698 on the Protection of Personal Data, for the purposes and with the transfers and retention periods set out in the Privacy Policy and KVKK Disclosure Notice. Emails relating to the order contain transaction information only; the SELLER does not send commercial electronic messages without the BUYER's separate consent.
10. Disputes and Governing Law
10.1. For consumer disputes, the avenues of application set out in Article 8 of the Pre-Information Form (Consumer Arbitration Committee, mediation and Consumer Court) apply.
10.2. For disputes arising from sales for commercial or professional purposes, the Courts and Enforcement Offices of Istanbul (Bakırköy) have jurisdiction. This Agreement is governed by Turkish law.
11. Final Provisions
11.1. This Agreement has been drawn up in Turkish; translations into other languages are for information only, and the Turkish text prevails in interpretation.
11.2. The Agreement is concluded and enters into force under Article 5.3 when the Proforma Invoice is approved and the price is paid. The Agreement and the Pre-Information Form, completed with the request data, are sent to the BUYER's email address before the Agreement is concluded (5.2). The SELLER retains the text of the Agreement and the confirmation records for ten years; the general text is kept accessible on the Site.
11.3. The invalidity of any provision does not affect the remaining provisions. Matters not regulated in this Agreement are governed by the Law, the Regulation and other applicable legislation.