Terms of service
MEMBERSHIP AGREEMENT
1. Parties and Purpose of the Agreement
This Membership Agreement ("Agreement") has been executed between 3DiiD ("Company/3DiiD"), located at EMEK MAHALLESİ BİŞKEK CADDESİ NO: 72A ÇANKAYA/ANKARA, operating/managed under SAMKO KAFE TİCARET LİMİTED ŞİRKETİ (MERSIS No: 0742105624000001 - Tax No: 7421056240), and the website user ("Member") who becomes a member of the www.3diid.com website ("Platform") by accepting the terms in this Agreement. 3DiiD and the Member shall hereinafter collectively be referred to as the "Parties."
The Member declares and undertakes that, while creating a membership registration on the Platform, they have read this Agreement and its annexes (Privacy Policy, KVKK Clarification Text, Cookie Policy, Explicit Consent Form, etc.), fully understood its content, and accepted all its provisions by approving them in the electronic environment.
2. Subject and Scope of the Agreement
The subject of this Agreement is the determination of the mutual rights and obligations of the Platform and the Members who will benefit from 3D printing, manufacturing, ready-to-sell collection product sales, and custom/on-demand 3D design services offered by 3DiiD through the Platform. Should the Member wish to benefit from the services and e-commerce infrastructure offered through the Platform, they accept and undertake to comply with the provisions of this Agreement and the relevant legislation.
3. Approval and Acceptance of Terms of Use
It is accepted and declared that the terms published on the Platform and modified from time to time, including the Privacy Policy, KVKK Clarification Text, and Cookie Policy, constitute a legal and binding agreement between the Member and the Platform.
In the event that 3DiiD makes material changes to this Agreement, it shall notify the Member at least 15 (fifteen) days prior to the changes coming into effect via the email address registered on the Platform or via SMS. If the Member does not terminate the Agreement within this period and continues to use the Platform, they shall be deemed to have accepted the changes. If the Member does not accept the changes, they have the right to terminate their membership without paying any fee and without any penalty clause.
3DiiD may send commercial electronic messages (email, SMS, etc.) to the Member regarding products, services, custom design opportunities, and campaigns, provided that the Member has given prior explicit consent. The Member may reject receiving commercial messages at any time, free of charge, and without specifying any reason. Mandatory notifications made for the execution of the Agreement and for security reasons (password resets, order and cargo status notifications, etc.) shall not be deemed commercial messages.
4. Rights and Obligations of the Parties
4.1 Accuracy of Declaration
The Member accepts and undertakes that their identity, contact, billing, delivery address, and other information shared during membership registration on the Platform and throughout its use are accurate before the law; and that they shall fully and immediately indemnify all damages 3DiiD may incur due to the inaccuracy of this information.
4.2 Age Limit
Users wishing to become members of the Platform must be over 18 years of age.
4.3 Single Account Principle
A registered Member may create only 1 (one) membership. Accounts of individuals determined to have opened multiple accounts in bad faith may be suspended or terminated.
4.4 Account Security
The Member accepts that they alone shall use the username and password assigned to or determined by them, and shall not share them with third parties. All legal and criminal liability arising from the unauthorized use of the password belongs to the Member.
4.5 Individual and Lawful Use
The Member accepts and undertakes to observe legal regulatory provisions, public order, and general morality while using the Platform. They may not engage in activities that disturb/harass others or disrupt/hinder the operation of the system.
4.6 Uploaded 3D Files and Intellectual Property
The Member accepts and declares that they hold the intellectual and industrial property rights (copyright, patent, design rights, etc.) or are authorized to use such rights for any 3D models (.STL, .OBJ, .STEP, etc.), drawings, and visuals uploaded to the Platform for custom manufacturing or design requests. The Member is the sole addressee of any administrative, legal, and criminal claims that may be directed to 3DiiD due to the content uploaded by the Member infringing upon the copyright or property rights of third parties. 3DiiD reserves the right to reject modeling and manufacturing requests suspected of copyright infringement.
4.7 Product and Service Scope
3DiiD is authorized to determine the technical specifications, raw material options (PLA, PETG, Resin, etc.), and pricing of ready-to-sell collection products and/or custom 3D printing services offered for sale on the Platform. Due to the nature of 3D printing technology, reasonable surface imperfections and dimensional deviations within tolerance limits (+/- 1-3%) shall not be considered a "defect".
4.8 Third-Party Links
The Platform may contain links to websites belonging to third parties. 3DiiD cannot be held responsible for the content and security of these sites.
4.9 System Security
3DiiD has taken reasonable measures to ensure the Platform is free of viruses and similar malicious software. However, the Member is obligated to provide the necessary protection systems on their own device.
4.10 Evidence Agreement
The Parties accept that all computer, server, log, and database records belonging to 3DiiD shall constitute sole and exclusive evidence pursuant to Article 193 of the Code of Civil Procedure (HMK).
4.11 Intellectual Property Rights
All intellectual property rights regarding the software, design, logo, "3DiiD" trademark, and ready product models of the www.3diid.com website belong to 3DiiD. They cannot be copied, reproduced, or modified without authorization.
4.12 Cybersecurity Responsibility
3DiiD cannot be held responsible for damages that may occur as a result of security vulnerabilities originating from the Member's fault or negligence, or cyberattacks beyond 3DiiD's control, unless there is intent or gross negligence on the part of 3DiiD.
5. Amendments
3DiiD reserves the right to unilaterally amend this Membership Agreement and its attached policies by announcing them on the Platform, provided that they do not violate applicable legislation. Updated provisions shall gain validity as of the date of publication.
6. Entry into Force
The completion of membership registration by the Member signifies that they have read and accepted all articles contained in this Agreement. This Agreement is established and enters into force in the electronic environment at the moment the Member becomes a member.
7. Termination of Agreement
This Agreement shall terminate upon the cancellation of membership by the Member or termination of the membership by 3DiiD. In the event that the Member violates the provisions of this Agreement or the applicable legislation, 3DiiD has the right to terminate the membership unilaterally and without compensation.
8. Force Majeure
In cases of force majeure beyond the control of 3DiiD and which cannot be reasonably foreseen—such as war, mobilization, natural disasters, fire, epidemics, cyberattacks, general internet and infrastructure disruptions, and restrictions by public authorities—3DiiD cannot be held responsible for failing to perform or delaying the performance of its obligations.
9. Competent Court
Ankara Courts and Execution Offices shall have jurisdiction over the resolution of any disputes that may arise from this Agreement.
DISTANCE SALES AND CONTRACT FOR WORK AGREEMENT
1. PARTIES
This Agreement has been executed between SAMKO KAFE TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as "3DiiD/SELLER/CONTRACTOR"), located at EMEK MAHALLESİ BİŞKEK CADDESİ NO: 72A ÇANKAYA/ANKARA with MERSIS No:
0742105624000001 (Tax No: 7421056240), on one side, and the Customer who shops/places an order through the SELLER/CONTRACTOR’s website (hereinafter referred to as the "BUYER"), on the other side, under the terms specified below, entering into force as of the date it is approved in the electronic environment.
2. SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties pursuant to the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale of "Collection Products" ordered by the BUYER via the website and manufactured by the SELLER/CONTRACTOR using 3D printing/manufacturing technologies, as well as the manufacturing, sale, and delivery of "Custom Design / Personalized Products" specially designed or manufactured in accordance with the request, choice, or 3D models submitted by the BUYER.
3. DEFINITIONS
- Collection Products: Refers to products pre-designed by the SELLER/CONTRACTOR, displayed on the website with standard specifications, and presented to the BUYER's selection.
- Custom Design / Personalized Products: Refers to products prepared by the SELLER/CONTRACTOR directly in line with the BUYER's personal needs and special requests, or custom-manufactured for the BUYER on 3D printing machines based on 3D model files (STL, OBJ, STEP, etc.) transmitted by the BUYER to the SELLER/CONTRACTOR.
- Website: Refers to the www.3diid.com e-commerce platform belonging to the SELLER/CONTRACTOR.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 Rights and Obligations of the SELLER/CONTRACTOR
4.1.1 The SELLER/CONTRACTOR is responsible for delivering the products subject to the agreement to the BUYER or to the person/entity at the address indicated by the BUYER, in accordance with the legislation, remaining faithful to the qualifications specified in the order, and provided that it does not exceed the statutory 30-day period.
4.1.2 Due to the nature of 3D printing (FDM, SLA, etc.) manufacturing technology; micro-level layer lines, slight roughnesses, support material residues, or minimal color tone variations originating from raw material (filament, resin, etc.) production batches may occur on the surfaces of the products. The BUYER accepts in advance that these technological and structural conditions do not constitute a "defect" hindering the use of the product.
4.1.3 Due to the nature of 3D manufacturing technologies, millimetric deviations (tolerances) at a rate of +/- 1% to 3% may occur in the final dimensions of the manufactured products. The BUYER accepts in advance dimensional differences within these limits. Furthermore, the BUYER accepts and declares that minimal color tone deviations may occur between the product visuals on the website and the physical product due to screen calibrations used and raw material production batches (lot differences), and that this situation does not constitute defective performance.
4.1.4 In the event of delivery delays due to technical malfunctions beyond its control (interrupted printing, machine breakdown, insufficient raw material, etc.), the SELLER/CONTRACTOR reserves the right to extend the delivery period, provided that it does not exceed the statutory 30-day period. In potential delays, the SELLER/CONTRACTOR's liability to the BUYER is strictly limited to the refund of the total price paid by the BUYER for the order at maximum; the BUYER accepts and undertakes in advance that they cannot claim any indirect damages, loss of profit, or moral damages due to the delay.
4.1.5 The SELLER/CONTRACTOR undertakes to subject all manufactured products (whether Collection or Custom Design) to quality control tests prior to handing them over to the courier, checking the product's strength and form. Considering the fragile structure of 3D printed products, the SELLER/CONTRACTOR is obligated to use protective packaging methods (bubble wrap, supportive box, etc.) compliant with sector standards to prevent products from being damaged during transport.
4.2 Rights and Obligations of the BUYER
4.2.1 The BUYER accepts and declares that prior to placing an order, they have read and informed themselves about the preliminary information form on the website, the basic characteristics of the product, the sales price, the payment method, and delivery information, and that they have provided the necessary confirmation in the electronic environment.
4.2.2 Under "Custom Design / Personalized Products," the BUYER who submits 3D files/models to the SELLER/CONTRACTOR for manufacturing undertakes that they hold the intellectual and industrial property rights, patent, and copyright ownership of these models, or possess the lawful right of use. Any legal and criminal liability arising from third-party intellectual property infringement claims belongs exclusively to the BUYER; the BUYER is obligated to compensate any direct or indirect damage suffered by the SELLER/CONTRACTOR for this reason in cash and in lump sum upon first demand.
4.2.3 In the event that a third party claims that the 3D models (STL, OBJ, etc.) submitted by the BUYER infringe copyright, patent, trademark, or industrial design rights, or if a legal warning/lawsuit is directed to the SELLER/CONTRACTOR regarding this matter, the SELLER/CONTRACTOR has the right to immediately and unilaterally suspend production. In this case, no compensation liability arises for the SELLER/CONTRACTOR. In the event of a possible lawsuit or administrative fine, the SELLER/CONTRACTOR shall notify the BUYER
of the lawsuit/claim, and the BUYER undertakes to immediately cover all court expenses, attorney fees, and damages, including compensation, incurred by the SELLER/CONTRACTOR.
5. 3D MODEL FILES AND OPTIMIZATION PROCESS
5.1 3D model files submitted by the BUYER are subjected to preliminary review by the SELLER/CONTRACTOR to enhance print quality and ensure manufacturability. The SELLER/CONTRACTOR reserves the right to perform technical optimizations on the file at a micro level that will not disrupt the model's structural integrity, such as slicing, adding supports, repairing geometric errors, or optimizing geometry.
5.2 If it is determined that the submitted file cannot be printed as it is (corrupted mesh structure, inverted normals, insufficient wall thickness, etc.) or that production will fail even if optimization is performed, the SELLER/CONTRACTOR may request a corrected file by notifying the BUYER, or may unilaterally cancel the order and refund the collected fee to the BUYER. Time elapsed during file revision processes shall be added to the statutory 30-day delivery period.
6. RIGHT OF WITHDRAWAL, WARRANTY AGAINST DEFECTS, AND RETURN CONDITIONS
Pursuant to Law No. 6502 and the Regulation on Distance Contracts, the right of withdrawal and return processes are subject to a dual mechanism based on product groups as follows:
6.1 Regarding Collection Products (Right of Withdrawal)
6.1.1 If the product subject to the agreement is a "Collection Product" (standard production), the BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt without stating any reason and without paying any penalty clause.
6.1.2 To exercise the right of withdrawal, written notification must be given to the SELLER/CONTRACTOR within this period, and the packaging of the product must be unopened, unused, undamaged, and retain its resellable property. Return shipping costs belong to the BUYER who exercises the right of withdrawal, unless otherwise provided by legislation.
6.2 Regarding Custom Design and Custom-Manufactured Products (Exception to the Right of Withdrawal)
6.2.1 Pursuant to Article 15, Paragraph 1, Sub-paragraph (b) titled "Exceptions to the Right of Withdrawal" of the Regulation on Distance Contracts; the consumer cannot exercise the right of withdrawal in "Contracts regarding goods prepared in line with the consumer's requests or personal needs".
6.2.2 In accordance with this mandatory provision; the BUYER does not have the right of withdrawal, cancellation, or return for orders under the "Custom Design / Personalized Products" category that are specially designed, personalized, dimensioned, or produced via 3D
printing technology based on 3D data/files submitted by the BUYER in accordance with the BUYER's request, choice, or personal needs.
6.2.3 For these Custom Design products, since file preparation, slicing, equipment reservation, and production processes commence as soon as the payment is successfully completed and the order is approved, the BUYER accepts, declares, and undertakes in advance that they cannot subsequently cancel the order or request a refund.
6.3 Defective Performance, Damage, and Limitation of Optional Rights (Defect in Work)
6.3.1 Although there is no right of withdrawal for arbitrary reasons for "Custom Design / Personalized Products" produced under this agreement; the BUYER's statutory optional rights remain reserved if the delivered product was damaged in transit, rendered unusable due to a printing error (major cracks not falling within technological limits, broken parts, incomplete printing, etc.), or contains a production defect (imperfection) significantly deviating from the file submitted by the BUYER.
6.3.2 In cases of such defective performance, the BUYER is obligated to notify the SELLER/CONTRACTOR in writing (together with photo or video evidence) within 3 (three) business days at the latest from the date of receipt. If the presence of a defect is determined as a result of the inspection, priority shall be given to re-manufacturing the product free of charge and delivering it to the BUYER without defect.
6.3.3 Breakage, bending, and aesthetic flaws resulting from design errors, geometric imbalances, or structural weaknesses in the 3D model file (STL, OBJ, etc.) submitted by the BUYER cannot be classified as a "defect," and no fault can be attributed to the SELLER/CONTRACTOR in these instances. Non-objective criteria such as the BUYER's subjective aesthetic preferences or "feeling different from the appearance on screen" cannot be made grounds for defective performance or return.
7. DELIVERY, SHIPPING, AND LIABILITY FOR DAMAGE
7.1 The product shall be sent to the delivery address indicated by the BUYER on the website through the SELLER/CONTRACTOR's contracted shipping company. Unless stated otherwise during ordering, shipping fees belong to the BUYER.
7.2 The BUYER is obligated to inspect the shipping parcel upon delivery. If visible damage, breakage, or tearing is present on the shipping package or product, the BUYER must not accept the product and must have the courier officer issue a "Damage Determination Report" (Hasar Tespit Tutanağı). For packages accepted without a Damage Determination Report, the SELLER/CONTRACTOR cannot be held liable for damages originating from cargo transportation.
8. PRICE, PAYMENT, AND INVOICING
8.1 The BUYER is obligated to pay the product price and shipping fees (if any) using the payment method selected while approving the order on the website. The SELLER/CONTRACTOR cannot be held obligated to manufacture or ship the product before full payment of the price is made.
8.2 Following successful completion of payment, the SELLER/CONTRACTOR shall issue an e-invoice/e-archive invoice in the BUYER's name within statutory periods and transmit it to the BUYER.
9. FORCE MAJEURE
9.1 Within the scope of the Turkish Code of Obligations No. 6098, parties cannot be held responsible if obligations cannot be performed due to force majeure events beyond the Parties' control, which cannot be reasonably foreseen, and occur without fault of the parties (global or local raw material supply crises, widespread and prolonged electricity/internet outages, chronic failures of production machines originating from the manufacturer, natural disasters, war, epidemics, etc.). In the event that force majeure exceeds 30 days, each party has the right to terminate the contract unilaterally and without compensation; in this case, the SELLER/CONTRACTOR shall refund the price of products whose manufacturing has not yet commenced to the BUYER.
10. CONFIDENTIALITY, KVKK, AND DATA RETENTION PERIOD
10.1 The SELLER/CONTRACTOR undertakes to process personal data, address information, and 3D designs/models of commercial/copyright value shared by the BUYER for order and design purposes in accordance with the provisions of the KVKK Law No. 6698, and shall not share them with third parties.
10.2 Custom designs shared under this Agreement hold "Confidential Information" status, and the SELLER/CONTRACTOR cannot include these designs in its own collection, use them for advertising purposes, or produce them for other customers without the written consent of the BUYER.
10.3 3D model files (STL, OBJ, etc.) submitted by the BUYER for the order are stored on secure servers of the SELLER/CONTRACTOR for 30 (thirty) days from the date the product is delivered to the BUYER, for the purpose of serving as evidence in potential incomplete/faulty printing processes or post-delivery disputes. At the end of this period, said files are permanently and irreversibly deleted from the system.
11. DEFAULT AND LEGAL CONSEQUENCES
11.1 For purchases made by the BUYER via credit card in installments or single payment; all financial processes including card limit, installment payments, default interest, default situations, and unauthorized card usage (including chargeback processes) are exclusively subject to the contract provisions between the BUYER and the cardholder bank.
11.2 The SELLER/CONTRACTOR carries no legal, criminal, or joint liability if the BUYER defaults on debts to their bank, fails to pay installments, or if legal proceedings are initiated against the BUYER by the bank.
11.3 In the event of a potential order cancellation, contract termination, or refund; even if the SELLER/CONTRACTOR refunds the product price to the bank in a lump sum, the SELLER/CONTRACTOR cannot be held responsible for the bank reflecting this amount onto the BUYER's card in installments, interest burdens that may arise on the BUYER's card accounts during this process, limit restrictions, or other banking deductions. All expenses, interest, delay fees, and attorney fee liabilities that may arise in such situations are directly between the BUYER and the relevant bank.
12. RESOLUTION OF DISPUTES
12.1 For disputes arising from this Agreement, Provincial or District Consumer Arbitration Committees are competent within the monetary limits declared annually by the Ministry of Commerce; Consumer Courts are competent for disputes exceeding these limits. In places where Consumer Courts do not exist, Civil Courts of First Instance (acting in the capacity of Consumer Courts) shall have jurisdiction.
13. ENTRY INTO FORCE
13.1 This Agreement enters into force at the moment the BUYER creates an order request on the website, approves the agreement terms electronically, and completes the payment. It terminates automatically upon the full and complete performance of mutual obligations by the parties.