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1. Introduction
Welcome to hayâlhânePHOTOGRAPHY (https://hayalhanephotography.com/). By accessing and using our website and services, you agree to be bound by these Terms and Conditions. Please read them carefully.
2. Definitions
3. Use of the Website
3.1. You may use our Website for lawful purposes only. You agree not to use the Website in any way that violates applicable laws or regulations.
3.2. You are responsible for maintaining the confidentiality of any account information, including usernames and passwords, that you may use to access certain features of the Website.
3.3. We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice.
4. Orders and Products
4.1. Our Website allows you to purchase digital photographs and high-quality printed photographs. Placing an order constitutes an offer to purchase these Products.
4.2. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order at our sole discretion.
4.3. Prices for our Products are listed on the Website and are subject to change without notice. Unless otherwise stated, all prices are in [Specify Currency, e.g., Turkish Lira (TRY)]. Shipping costs for printed photographs to your specified address worldwide will be calculated and displayed at checkout, with Turkey being our default shipping origin.
4.4. Payment must be made in full at the time of placing the order. We accept payments through PayTR, and potentially other methods as indicated on our Website.
4.5. Digital Photographs: Upon successful payment, you will receive a non-exclusive, non-transferable license to use the digital photograph for personal, non-commercial purposes only, unless otherwise specified in a separate commercial license agreement. You may not reproduce, distribute, modify, publicly display, or create derivative works of the digital photograph for commercial purposes without our explicit written consent and a separate commercial license.
4.6. Printed Photographs: We take utmost care in producing high-quality prints that will be shipped to the address you provide during checkout, worldwide. The colors and appearance of the printed photographs may vary slightly from what you see on your screen due to differences in monitor calibration. Shipping times will vary significantly depending on the destination. While we take precautions to ensure safe delivery, we are not responsible for delays or damage caused by the shipping carrier or customs procedures in your country. Any claims for damage during shipping should be directed to the carrier. You are responsible for any import duties, taxes, or other fees imposed by your country’s customs regulations.
4.7. Returns and Exchanges: * Digital Photographs: Due to the nature of digital products, we generally do not offer refunds or exchanges once the download link has been provided or the file has been accessed. * Printed Photographs: If your printed photograph arrives damaged at your shipping address, please contact us within [Specify Number, e.g., 7] days of receipt with photographic evidence of the damage. We will arrange for a replacement to be shipped to you. We do not accept returns or exchanges for reasons such as slight color variations or if you change your mind.
5. Photography Services
5.1. Our Website also provides information about our photography services. Placing a request for services constitutes an inquiry. Specific details such as dates, times, locations, and deliverables for photography services will be agreed upon in a separate agreement or booking confirmation.
6. Intellectual Property Rights
6.1. All Content on this Website, including photographs (both digital and print), text, graphics, logos, and software, is the property of hayâlhânePHOTOGRAPHY or its licensors and is protected by copyright and other intellectual property laws. All rights of the photographs are reserved to hayâlhânePHOTOGRAPHY. This means that unless explicitly stated otherwise in a written agreement or the license accompanying a digital photograph purchase, hayâlhânePHOTOGRAPHY retains all ownership rights, including but not limited to the rights to reproduce, distribute, modify, publicly display, create derivative works, and commercially exploit the photographs.
6.2. You may not reproduce, distribute, modify, display, perform, or otherwise use any Content from the Website without our prior written consent, except as expressly permitted by the license granted upon purchase of digital photographs for personal use.
6.3. hayâlhânePHOTOGRAPHY retains the copyright to all photographs, both digital and print, unless explicitly transferred in writing. The purchase of a digital or printed photograph grants you a limited license for specific uses as outlined in these Terms or a separate agreement, but it does not transfer ownership of the copyright.
7. User-Generated Content
7.1. If you submit any content to the Website (e.g., reviews, comments), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
7.2. You represent and warrant that you own or otherwise control all of the rights to the content you submit and that the content is accurate, not misleading, and does not violate these Terms and Conditions or the rights of any third party.
8. Limitation of Liability
8.1. To the maximum extent permitted by applicable law, hayâlhânePHOTOGRAPHY shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website, our Products, or our Services.
8.2. Our total liability to you for any claim arising out of or relating to these Terms and Conditions, our Products, or our Services shall not exceed the amount you paid to us for the specific Product or Service in question.
9. Disclaimer of Warranties
9.1. The Website, our Products, and our Services are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2. We do not warrant that the Website will be error-free or uninterrupted, or that defects will be corrected. We also do not warrant that digital photographs will be free from viruses or other harmful components.
10. Links to Third-Party Websites
The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through anythird-party websites.
11. Indemnification
You agree to indemnify, defend, and hold harmless hayâlhânePHOTOGRAPHY, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, and expenses (including attorneys’fees) arising out of or relating to your use of the Website, your purchase or use of our Products, your use of our Services, your violation of these Terms and Conditions, or your violation of any rights of another party.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Türkiye. Any disputes arising under or in connection with these Terms and Conditions, our Products, or our Services shall be subject to the exclusive jurisdiction of the courts located in Samsun, Türkiye.
13. Changes to These Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time without notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website and purchase of our Products or Services after any such changes constitutes your acceptance of the revised Terms and Conditions.
14. Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
[e-mail: inceperde@gmail.com] [tel:+90 850 885 0566]
[address: Yesildere mh. Alacam cd. 49A/44 55200 Samsun/Türkiye]
Effective Date: May 3, 2025