1. Parties
Seller / Service Provider: FASB REKLAM PRODÜKSİYON TASARIM EĞİTİM DANIŞMANLIK LTD. ŞTİ.
Address: Maci Sok. No: 137, Cankaya, Kadikoy, Istanbul, Turkey. Telephone: 0541 599 00 25. E-mail: info@resizerkoala.com. Website: resizerkoala.com.
Consumer: The information entered into the system by the Consumer during the ordering process.
2. Subject Matter of the Agreement
The subject matter of this Agreement is the provision of the digital file conversion and resizing service ordered electronically by the Consumer through the Resizer Koala website, and the determination of the rights and obligations of the Parties.
Resizer Koala processes the files uploaded by the Consumer in accordance with the dimensions, sizes and/or formats selected by the Consumer during the ordering process and delivers the resulting digital files to the Consumer.
The scope of the service is determined by the service options presented to the Consumer during the ordering process and the order summary.
3. Conclusion of the Agreement
By placing an order through the Resizer Koala website and completing payment, the Consumer acknowledges that they have read and accepted all terms and conditions of this Agreement and have been informed about the essential characteristics and price of the service subject to the order.
The Agreement shall be deemed concluded once the Consumer electronically confirms the order and payment has been successfully completed.
4. Provision of the Service
The Consumer is responsible for uploading to the Resizer Koala system the files they wish to have processed during the ordering process. The uploaded files must be technically accessible and capable of being opened, readable, processable, and suitable for the provision of the service.
Ensuring that the uploaded files meet these requirements is the responsibility of the Consumer. If the Consumer uploads incomplete, corrupted, incorrect, or technically unprocessable files, Resizer Koala may notify the Consumer via the e-mail address provided during the ordering process.
5. Delivery
Due to the nature of the service, no physical product or shipment will be made. The digital files created within the scope of the order shall be made available to the Consumer electronically by Resizer Koala. Delivery shall be deemed completed when the files created within the scope of the order become available for download by the Consumer.
6. Price and Payment
The sales price of the service shall be clearly and comprehensibly displayed to the Consumer during the ordering process and presented to the Consumer before payment. Payment shall be made through the secure payment methods offered on Resizer Koala website. The service shall not commence if payment is not successfully completed.
7. Content Uploaded by the Consumer and Liability
The Consumer acknowledges and undertakes that they have all necessary rights and authorizations to use, process and convert the files uploaded to Resizer Koala. The Consumer shall be solely responsible for any legal liability arising from the uploaded content, including copyright, trademark rights, personality rights, privacy rights or other legal rights of third parties.
8. Right of Withdrawal and Cancellation
The Consumer's right of withdrawal shall be subject to applicable Turkish consumer legislation and, where applicable, European Union consumer protection legislation. Where the performance of a digital content or digital service has commenced before the withdrawal period ends and the Consumer's express consent and information requirements have been fulfilled, the Consumer's right of withdrawal may not be available to the extent permitted by applicable legislation.
9. Defective or Improper Performance of the Service
If the digital outputs created by Resizer Koala do not conform to the essential characteristics of the service specified during the ordering process, or if the service is not properly performed due to a technical error, the Consumer may exercise rights available under applicable legislation, including requesting correction, re-delivery, an appropriate price reduction, or a refund.
10. Revision Requests
After the order has been completed and the digital files have been made available to the Consumer, any changes requested by the Consumer due to errors in their own files or order information shall be treated as a new order.
11. Refunds
Any refunds due to the Consumer shall be processed within the periods prescribed by applicable legislation. The time required for a refund to be reflected in the Consumer's account may vary depending on the payment method and the processing times of the relevant bank or payment service provider.
12. Protection of Personal Data
Personal data provided by the Consumer to Resizer Koala shall be processed in accordance with applicable data protection legislation. For users in Türkiye, the provisions of the Turkish Personal Data Protection Law No. 6698 (KVKK) shall apply. Detailed information regarding the processing of personal data is provided in the Privacy Policy and KVKK Disclosure Notice.
13. Intellectual Property
All intellectual property rights relating to the Resizer Koala website, software, design, brand elements, graphic elements, texts and service infrastructure belong to Resizer Koala or the respective rights holders. Ownership of the files uploaded by the Consumer and all rights relating to such files remain with the Consumer or the respective rights holder.
14. Termination of the Agreement
In the event that either Party fails to fulfil its obligations arising from this Agreement, the rights and remedies available under applicable law shall remain reserved. The Consumer's statutory rights of withdrawal, termination, remedies for defective services, price reduction or refund may not be waived or restricted by this Agreement.
15. Resolution of Disputes
In the event of a dispute between the Consumer and Resizer Koala, the Consumer shall retain the right, as provided under applicable legislation, to apply to the competent Consumer Arbitration Committees, Consumer Courts and other competent authorities. Consumer disputes in Türkiye, jurisdiction and applicable monetary thresholds shall be determined in accordance with the legislation in force on the date of the dispute.
16. Effective Date
This Agreement shall enter into force on the date on which it is electronically accepted by the Consumer and the order is successfully placed. The information entered into the system during the ordering process forms part of the pre-contractual information relating to the order.