1.2. All other terms and definitions found in the text of the Agreement are interpreted by the Parties in accordance with the legislation of the Republic of Azerbaijan and the usual rules of interpretation of the relevant terms that have developed on the Internet.
1.3. Titles of headings (sections) The Agreements are intended solely for the convenience of using the text of the Agreement and have no literal legal meaning.
2. Procedure for entering into the Agreement
2.1. The text of the Agreement permanently posted on the Internet at the network address https://printbar.az/terms, contains all the essential terms of the Agreement and is the Service's offer to conclude an Agreement with any person using the Site on the terms specified in the Agreement text. Thus, the text of the Agreement is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Republic of Azerbaijan.
2.2. The proper acceptance of this offer in accordance with Article 438 of the Civil Code of the Republic of Azerbaijan is considered to be the consistent implementation of the following actions by a person::
2.2.1. for the Customer:
2.2.1.1. Familiarization with the terms of the Agreement and the Policy;
2.2.1.2. putting a symbol in a special field under the heading "I accept the terms of the user agreement" and clicking on the"Next" button;
2.2.1.3. providing a print for the production of Items, as well as rights to use it;
putting a symbol in a special field under the heading "I accept the terms of the user agreement" and clicking on the"Next" button;
2.2.1.4. placing an Order.
2.2.2. for the Buyer:
2.2.2.1. Familiarization with the terms of the Agreement and the Policy;
2.2.2.2. putting a symbol in a special field under the heading "I accept the terms of the user agreement" and clicking on the"Next" button;
2.2.2.3. choosing an item for purchase;
2.2.2.4. placing an Order.
2.2.3. for the Designer:
2.2.3.1. Familiarization with the terms of the Agreement and the Policy;
2.2.3.2. filling out the appropriate registration form on the Site in order to determine your Credentials;
2.2.3.3. putting a symbol in a special field under the heading "I accept the terms of the user agreement" and clicking on the "Register" button.
3. Subject of the Agreement
3.1. The Service provides Buyers and Customers with a free simple (non-exclusive) license to use the Site and its software tools for their intended purpose, including by accessing the Site and using its explicit functions.
3.2. The Service provides Designers with a free simple (non-exclusive) license to use the Personal Account and its software tools for their intended purpose, including by accessing the Personal Account and using its explicit functions.
3.3. The license specified in clauses 3.1 and 3.2 of the Agreement is granted to the User for the period during which, and within the territory in which the Site and Personal Account remain accessible to the User.
4. Placing An Order
4.1. For placing an Order to the Customer\The Buyer must fill in all the fields of the order form posted on the Site and pay for the Order, except for cases when payment is made in cash upon receipt of the Item.
4.2. The Order must contain all the information that the Service needs to provide to Sellers\Contractors to perform work on the manufacture of Items, namely:
4.2.1. information about the Item (type, size, color, print);
4.2.2. Customer information\Buyer (phone number, email address);
4.2.3. address for Item delivery;
4.2.4. payment method.
4.3. When placing an Order, the User has the right to choose a Print posted on the Site (in this case, it is subject to the rules for the Buyer of this Agreement), or to provide their own Print (in this case, it is subject to the rules for the Customer of this Agreement). If, when placing an Order, the User chooses a Print posted on the Site, the Service enters into a License Agreement with the Designer who posted the selected Print, under the terms of which the Service pays the Designer the license fee provided for in clause 11. of this Agreement. In this case, the amount to be paid to the Designer is included in the Order price and paid to the Designer in accordance with the procedure provided for in this Agreement.
4.4. If the User chooses a custom Print when placing an Order, such User (Customer) guarantees the Service that the Customer has the rights to use the Print in ways sufficient for the Service to conclude Contract Agreements. When placing an Order, the Customer sends the Service, or a person authorized by the Service, a copy of the Print in electronic form using the Site. However, such a Print must meet the requirements specified in clauses 5.2 and 5.4 of the Agreement. When transferring a Print, the Customer agrees to the use of this print by third parties selected by the Service to fulfill the Order. The Customer understands that the provision of a Print to the Service in accordance with this clause does not give rise to the Customer's right to demand payment of remuneration from the Service for the use of the Print (or a corresponding change in the price of work under the Contract), while the Service guarantees the Customer that the provided Print will not be used by third parties who were selected by the Service for making the Order, outside the scope of the order made.
4.4.1. When placing an Order using their own Print, the Customer agrees to the condition of making an Order and further purchasing by the Customer of a Thing that has individually defined properties, since the Customer independently chooses individual characteristics of the Thing, such as Print, gender, size, which allow the Item to be used individually by the Customer, taking into account the fact that prior to placing such an Order, the Item is not yet available in material form and is manufactured directly for the selected individual characteristics of the Customer, so such Items are not subject to exchange/return under the general grounds of the Law of the Republic of Azerbaijan "On Consumer Protection". This category of Items does not include goods of improper quality (Article 18 of the Law).
4.5. User (Customer\The Buyer) has the right to use the hardware and software capabilities of the Site to make payment for the Order.
4.6. The contract of service, Purchase and sale Agreement is considered concluded at the moment of receipt by the Customer\The Buyer receives messages about the Order confirmation and assignment of a number to it. The message can be received by phone during a telephone conversation, in the form of an SMS message or an email to an email address from the Service or another person authorized to do so by the Service.
4.7. Relations related to the production of Printed Items provided by the Customer are regulated by the Contract of Employment, as well as by the norms of civil legislation on the contract of employment, including the Law on Consumer Protection. Relations related to the purchase and sale of Items with a Print posted on the Site are regulated by the Retail Purchase Agreement, as well as by the norms of civil legislation on retail purchase and sale, including the Law on Consumer Protection. Customer\The Buyer and Seller use the Site for informational interaction within the framework of the execution of relevant Contracts. In particular, the Customer\The Buyer has the right to monitor the execution of the Order (receive information about the progress of the Order) by specifying the Order number and phone number on the corresponding page of the Site.
5. Print Placement
5.1. From the moment of acceptance of the Agreement in accordance with clause 2.2.3 of the Agreement, the Designer has the right to post Prints on the Site using his Personal Account.
5.2. The Designer has the right to post Prints on the Site only if the Designer has the appropriate rights to use them.
5.3. The Designer understands that by placing the Print on the Site, he performs the following legal actions::
5.3.1. transfers the rights to the Service to use its Print, conduct any advertising campaigns, and enter into any agreements with the Service using its Print;
5.3.2. instructs the Service to conclude Purchase and Sale Agreements, as well as any other agreements on behalf of the Service with the right to receive a license fee.
5.4. The Designer is prohibited from posting Prints on the Site:
5.4.1. pornographic content;
5.4.2. promoting drug addiction, as well as containing information on methods, methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, places of purchase of such drugs, substances and their precursors, methods and places of cultivation of narcotic plants;
5.4.3. containing information about ways to commit suicide, as well as information containing calls to commit suicide;
5.4.4. propagandizing the cult of violence and cruelty;
5.4.5. containing calls for mass riots, extremist activities, participation in mass (public) events held in violation of the established procedure;
5.4.6. containing public justification of terrorism and other terrorist activities;
5.4.7. inciting social, racial, national or religious discord;
5.4.8. containing propaganda of exclusivity, superiority or inferiority of a person on the basis of their social, racial, national, religious or linguistic affiliation, or attitude to religion;
5.4.9. containing propaganda and public display of Nazi paraphernalia or symbols, or attributes or symbols that are confusingly similar to Nazi paraphernalia or symbols, or public display of attributes or symbols of extremist organizations;
5.4.10. Calls for the use of violence against these persons containing slander against persons holding public positions in the Republic of Azerbaijan;
5.4.11. containing information that may be considered inappropriate advertising;
5.4.12. containing legally protected secrets;
5.4.13. containing the results of intellectual activity owned by third parties, without the appropriate permission to use them.
5.5. The Service provides the Designer with a report in the Personal Account on the number of Orders placed by Customers for each Print placed by the Designer, as well as the cost of such Orders.
5.6. To receive the amount of the license fee that the Service undertakes to pay as part of the execution of the order provided for in clause 5.3.2 of the Agreement, the Designer sends the corresponding request to the Service in the Personal Account. The request must contain:
5.6.1. Last name, first name and patronymic of the Designer;
5.6.2. Passport details of the Designer;
5.6.3. The Designer's phone number;
5.6.4. Address of the Designer's place of residence;
5.6.5. Payment details of the Designer;
5.6.6. The amount of funds.
The Service undertakes to transfer funds to the Designer within 10 (ten) business days after receiving a correctly executed request.
5.7. For using the results of the Designer's intellectual property, he receives a reward in the amount of 3% of the value of the goods in the Order. Provided that the price of the product in the Order exceeds 800 (Eight Hundred) rubles, regardless of the type of product and its price (but not less than 800 (Eight Hundred) rubles. Remuneration is payable by the Service if the following conditions are met::
5.7.1. compliance with the conditions for providing data in accordance with clause 5.6. of this disclosure;
5.7.2. maintaining the activity of your personal account. For the purposes of this agreement, the Designer's personal account becomes inactive in the following cases, if they occur simultaneously::
5.7.2.1. no application from the Designer for payment of remuneration in accordance with the procedure provided for in clause 5.6. of this Agreement within 90 (Ninety) days from the date of accrual of remuneration to the Designer;
5.7.2.1. no Orders with the results of the Designer's intellectual property within 90 (Ninety) calendar days either from the moment of placing the Print on the Site, or from the last time it was used.
5.8. The Designer is obliged to compensate the Service for losses caused by the negative consequences of the Designer's placement of the Print on the Site. Negative consequences include, in particular, the receipt of claims by the Service, the participation of the Service in legal proceedings in any capacity, bringing the Service to responsibility, as well as decisions of state authorities to restrict access to the Site or individual pages of the Site.
5.9. The Service does not review Prints before posting them on the Site and is not responsible for violations related to such posting. Granting the permission specified in clause 5.1 of the Agreement cannot be considered an approval of the Designer's actions on the part of the Service.
5.10. The Service has the right to remove, without notifying the Designer, Prints that do not meet the requirements of this Agreement or are capable of harming Users or the Service. In case of receiving complaints from persons who consider their intellectual rights violated as a result of the placement of a Print by the Designer, the Service blocks (hides from Users) this Print until the dispute is resolved, as well as take other measures that the Service considers sufficient to stop violations.
5.11. The Designer agrees that the Service independently determines the algorithms based on which Prints are reflected on the Site, and that the Service can change them at any time.
5.12. The Service does not provide the Designer with data storage services and is not responsible for the loss of Prints posted by the Designer on the Site caused by a violation of the Site's operation. In order to prevent the loss of Prints, the Designer should independently back up their own Prints posted on the Site.
5.13. The Service has the right to revoke the previously granted permission specified in clause 5.1 of the Agreement, if the Designer violates the terms of the Agreement.
5.14. The Designer grants the Service a free simple non-exclusive license with the right of sublicensing to use the Prints placed by the Designer by reproducing and making them publicly available, including for conducting advertising and marketing campaigns in relation to the Site.
5.1.5. For violation by the Designer of the conditions stipulated in clause 5.7.2.1. this Agreement provides for financial liability: 50 (Fifty) rubles, 00 kopecks are debited daily from the balance of funds due to be paid to the Designer as remuneration, until the balance of funds due to be paid to the Designer is completely reset. At the same time, this Agreement continues to be valid in full and remuneration is calculated automatically from the moment of receiving a new Order using the Designer's Print.
6. Intellectual property and restrictions when using the Site
6.1. The User is obliged to use the Site in good faith, without violating the legislation of the Republic of Azerbaijan and personal law, the rights and freedoms of third parties, without using hardware or technical means that can make changes to the operation of the Site that are not provided for in its normal use.
6.2. By using the Site, the User acknowledges and agrees that all the content of the Site and the structure of the Site content are protected by copyright, trademark rights and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and in relation to all technologies as existing in the Internet. currently, as well as developed or created later. No rights to any content of the Site are transferred to the User as a result of using the Site and entering into an Agreement.
6.3. The User is prohibited from:
6.3.1. circumvent technical restrictions set on the Site;
6.3.2. study the technology, decompile or disassemble the Site beyond the extent explicitly permitted by the legislation of the Republic of Azerbaijan;
6.3.3. create copies of copies of the Site, as well as the external design of the Site;
6.3.4. change the Site in any way;
6.3.5. perform actions aimed at changing the functioning and operability of the Site;
6.3.6. perform the above actions in relation to any part of the Site;
6.3.7. transfer rights under the Agreement to third parties.
6.4. The Service has the right to place ads on the Site. At the same time, the Service is not responsible for the accuracy of advertising and the quality of advertised goods and/or services.
7. Personal Data
7.1. The User gives the Service consent to the processing of the User's personal data, as well as other information provided by the User when using the Site.
7.2. Processing of personal data of the User means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), including cross-border, depersonalization, blocking, deletion, destruction of personal data.
7.3. Personal data is processed for the purpose of fulfilling the Parties ' obligations under the Agreement, registering (authorizing) the User on the Site, providing the User with technical support, as well as obtaining access to additional functions of the Site by the User, sending informational and other messages to the User's email address.
7.4. The User may revoke consent to the processing of personal data at any time by sending a corresponding written notification to the Service at the address specified in clause 1.1 of the Agreement. In this case, the Service has the right to restrict the User's access to some or all of the Site's functions, including the Service has the right to restrict the ability to use additional Site functions. The Service has the right to continue processing the User's personal data in cases stipulated by law.
7.5. The Policy may contain additional or other provisions regarding the processing of personal data. If the Policy provisions contradict the provisions of this section, the Policy provisions apply.
7.6. The User agrees to receive advertising materials from the Service, its affiliates or from other persons on behalf of the Service to the email address and / or phone number specified by the User on the Site.
7.7. The User's consent to receive advertising materials may be revoked at any time by sending a corresponding written notification to the Service in accordance with the procedure provided for in clause 13.1 of the Agreement.
8. Responsibility
8.1. If the User violates the terms of the Agreement, the legislation of the Republic of Azerbaijan, the norms of morality and ethics, the Service has the right to block the User's Personal Account, prohibit or restrict access to certain or all functions of the Site using the User's Personal Account, or terminate the Agreement with the User and delete the Personal Account.
8.2. The termination of the Agreement provided for in clause 9.1 of the Agreement does not affect the performance of purchase and sale agreements or other contracts concluded with the help of the Site, except for the violation by the Designer of clause 5.4.13 of the Agreement.
8.3. The Service is not responsible for any infringement of intellectual property rights that occurred as a result of the User posting information on the Site. Such Users are responsible for the information (Prints) posted by the User on the Site. The Service does not and cannot know that a particular result of intellectual activity belongs not to the User, but to a third party. If the Service becomes aware of the placement of information with intellectual property rights violation on the Site from the written application of the rightholder, the Service undertakes to block (restrict access) to such information by third parties and send the rightholder's claim to the User who committed the violation.
8.4. In the event of claims, claims, or claims made to the Service by third parties regarding the illegal use of intellectual property objects by the User on the Site, the User undertakes to settle such claims, claims, and claims on their own and at their own expense, and in the event of losses incurred by the Service in connection with such claims, claims, and claims – to compensate the Service for all losses losses incurred by the latter as a result of such infringement or the filing of such claims.
8.5. The Service, unless expressly provided for in a separate agreement between the Parties, does not sell any goods, does not provide any services, does not perform any work, and does not grant a license to use Prints. The sale of Goods is carried out by the Seller, work on the manufacture of Things in the case of providing the Customer with their own Print is performed by the Contractor at the Seller's choice. At the same time, the Service, or other persons authorized to do so by the Service, interacts with Users. The Service independently selects Sellers and Contractors for concluding Contracts with Customers\Buyers and can change Sellers without notifying the Customer about it\The buyer. At the same time, the Service is a person authorized by the Sellers to accept and process incoming claims for the quality of goods in accordance with the current legislation. The Service, or other persons authorized to do so by the Service, represents the interests of the Buyer\The Customer before the Seller.
9. Special conditions
9.1. The Site may contain links to other sites on the Internet (third-party sites). These sites and their content are not checked by the Service for compliance with certain requirements (reliability, completeness, legality, etc.). The Service is not responsible for any information, materials posted on third-party sites that the User accesses using the Site, including any opinions or statements expressed by the User. on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
9.2. The Service does not guarantee that the Site meets the User's requirements, that access to the Site will be provided continuously, quickly, reliably and without errors.
9.3. The Website and its software, including your Personal Account, are provided "As is". The User bears the risk of using the Site. The Service does not provide any guarantees regarding the Site.
9.4. The Service is not responsible for the functionality of the Site and does not guarantee its uninterrupted operation. The Service also does not guarantee the safety of information posted on the Site and the possibility of uninterrupted access to Prints.
9.5. Software and hardware errors, both on the side of the Service and on the side of the User, which led to the inability of the User to access the Site, are force majeure circumstances, and the basis for exemption from liability for non-performance of the Service's obligations under the Agreement.
9.6. The Service has the right to assign rights and transfer debts for all obligations arising from the Agreement. The User hereby agrees to assign the rights and transfer the debt to any third parties. The Service informs the User about the assignment of rights and the transfer of debt by posting relevant information on the Site.
10. Order refund Rules and Warranty periods.
10.1. The warranty period for the Item is 30 days from the date of its receipt of the goods. The warranty period for seasonal items is 30 days and is calculated from the moment of the corresponding season. Sportswear that can be used for sports activities regardless of the season is not a thing of seasonal consumption.
10.2. In case of placing an Order with a Print posted on the Site, Items of proper quality are accepted for exchange or return within no more than 7 (seven) calendar days from the date of receipt of the Order, if the Item was not in use, its commercial appearance and consumer properties, factory labels, seals are preserved. The amount paid for the Order is subject to refund in the same form as it was paid. When paying with a bank card, the funds are returned to the same card used for the purchase. To get a refund, the User must fill out the application for a refund posted on the Site, filling it out properly. In this case, the cost of delivery services is deducted from the amount returned to the User.
10.3. When placing an Order using their own Print, the Customer agrees with the condition of production, the rules for returning Items that have individually defined properties, since the Customer independently chooses individual characteristics of the Item, such as Print, gender, size, which allow the Item to be used individually by the Customer, taking into account the fact that until the moment of purchase, the Customer When making such an Order, the Item is not yet available in material form and is made directly for the selected individual characteristics of the Customer, so such Items are not subject to exchange/return on the general grounds of the Law of the Republic of Azerbaijan "On Consumer Protection". Such an item of proper quality cannot be exchanged or returned.
10.4. If received by the Customer\The buyer of Items of improper quality, its exchange or return is made in accordance with the legislation of the Republic of Azerbaijan on the basis of a claim, the text of which is available on the Site. In such cases, the Service is authorized to receive claims and applications, or the persons authorized by it to receive and process claims.
11. Dispute Resolution procedure
11.1. All disputes, disagreements and claims that may arise in connection with the performance, termination or invalidation of the Agreement, the Parties will seek to resolve through negotiations. The Party that has any claims and/or disagreements sends a message to the other Party indicating the claims and / or disagreements that have arisen in accordance with clause 13.1 of the Agreement. The message must contain the essence of the claim and evidence supporting the claim.
11.2. Within 10 (ten) business days from the date of receipt of the specified message, the Party that received it must send a response to this message in the same manner.
11.3. If the response to the message is not received by the sending Party within the time period provided for in Clause 11.2 of the Agreement, or if the Parties do not come to an agreement on the claims and/or disagreements that have arisen, the dispute is subject to consideration by the court at the location of the Service.
11.4. If the Service does not have sufficient information to perform the process of exchanging Goods or returning funds (bank account details, a properly executed application in accordance with the requirements of the Law "On Consumer Protection", and other information) within 4 (four) months from the date of the relevant request of the Service to the User, the User's claim will be considered as follows: automatically closed by the Service without meeting the User's requirements.
12. Changing the terms of the Agreement
12.1. The Service has the right to unilaterally change the terms of the Agreement, and such changes take effect at the time of publication of the new version of the Agreement on the Internet at https://printbar.az/terms
12.2. Continued use of the Site will mean that the User agrees to the terms of the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, they will stop using the Site.
13. Final provisions
13.1. With the exception of cases expressly provided for in the Agreement and the current legislation of the Republic of Azerbaijan, all notifications, messages and documents within the framework of the Parties ' fulfillment of obligations arising from the Agreement must be sent and considered received by the Parties if they are sent using the Personal Account. The Parties acknowledge that all notifications, messages and documents sent using the Personal Account are considered sent and signed by the Parties.
13.2. The User undertakes to ensure the confidentiality of Credentials and not allow the use of the Personal Account without the User's consent. The User independently determines the procedure for restricting access to Credentials.
13.3. Until the User receives a notification that the Credentials have become known to third parties, all actions and documents performed and sent using the Personal Account, even if such actions and documents were performed and sent by other persons, are considered to have been performed and sent by the User.
13.4. In everything else that is not regulated by the Agreement, the Parties are guided by the current legislation of the Republic of Azerbaijan, without taking into account its conflict-of-laws rules.
