Distance Sales Agreement
DISTANCE SALES AGREEMENT
1. PARTIES
SELLER address:
Title: opticsunn
Phone: [0850 302 22 94]
E-mail: opticsunn@gmail.com
BUYER:
Person placing the order
2. SUBJECT
The subject of this Agreement is the sale and delivery of the product/products whose order is placed electronically by the BUYER on the seller's website optiksunn.com with detailed data and sales price, in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, defining the rights and obligations of the parties.
3. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT INFORMATION
The type, quantity, brand/model, sales price, payment method, and basic order characteristics of the ordered product/products are specified. The total sales price of the products including VAT is shown on the order confirmation page.
4. GENERAL PROVISIONS
4.1. The BUYER acknowledges having read and understood the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the optiksunn.com website and gives the necessary confirmation in electronic environment.
4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated, within the period specified in the preliminary information on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the legal 30-day period for a product.
4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible if the person/organization to be delivered does not accept the delivery.
5. RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The BUYER declares that they accept all preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract.
5.2. The BUYER is obliged to pay the sales price of the ordered product and, if any, the shipping fee.
5.3. If, after the delivery of the product, the BUYER's credit card is used unfairly or unlawfully by unauthorized persons due to a fault not attributable to the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to them.
6. RIGHTS AND OBLIGATIONS OF THE SELLER
6.1. The SELLER accepts and undertakes to deliver the product subject to the contract completely, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
6.2. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of its performance obligation arising from the contract.
6.3. If the SELLER cannot fulfill the provisions of the contract due to the impossibility of supplying the product or service subject to the order, this situation is notified to the BUYER in writing within 3 days, and the total amount is returned to the BUYER within a period of 14 days and protected.
7. DELIVERY
7.1. The product is delivered to the BUYER or the person/organization indicated by the BUYER at the address shown.
7.2. The delivery period is as long as specified on the product page. This period cannot exceed 30 days.
7.3. The BUYER must make the payment before the product is delivered.
7.4. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible if the person/organization to be delivered does not accept the delivery.
8. RIGHT OF WITHDRAWAL
8.1. The BUYER may exercise the right of withdrawal by rejecting the goods without undertaking any legal or criminal liability and without showing any reason, within 14 (fourteen) days from the date of delivery of the product subject to the contract to himself or the person/organization at the address indicated, by notifying the SELLER.
8.2. Damages resulting from the exercise of the right of withdrawal belong to the SELLER.
8.3. For the exercise of the right of withdrawal, a written notification must be made to the SELLER via registered mail, fax or e-mail within 14 days, and the product must not have been used within the scope of "Products for which the Right of Withdrawal Cannot Be Exercised" regulated in this agreement.
9. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods prepared in accordance with the BUYER's wishes or personal needs, goods that cannot be returned due to their nature, goods that may spoil quickly or whose expiration date may pass, goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, cannot be returned. The right of withdrawal is cancelled for cosmetic products, underwear, swimsuits, bikinis, single-use products, copyable software and programs, goods that spoil quickly or whose expiration date may pass, which are not suitable for hygiene and health.
PROVISION REGARDING THE BUYER'S FAILURE TO RECEIVE THE CARGO AND ENFORCEMENT PROCEDURES (IMPORTANT)
5.1. Failure to Receive Cargo: The BUYER accepts, declares, and undertakes that if they are not at the delivery address within the period notified by the cargo company (usually 3 business days), provide incomplete/incorrect address information, or refuse to receive the product from the cargo company for any reason, this situation cannot be considered as an exercise of the Right of Withdrawal.
5.2. Incurred Expenses: In such cases, the round-trip shipping fee and other expenses (packaging, operational, etc.) incurred due to the return of the product to Opticsunn shall be borne by the BUYER.
5.3. Enforcement Procedures: In cases where the BUYER refuses to receive the delivery or fails to fulfill their payment obligation as per the Agreement, Opticsunn, for its receivables (including product price, shipping fees, and other expenses):
Opticsunn reserves the right to initiate legal enforcement proceedings within 7 (seven) business days following the notification of the warning, along with attorney fees and all litigation/enforcement expenses, if payment is not made within the legal period after the notification of payment warning, for the purpose of collecting these receivables.
10. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on credit card payment transactions, they accept, declare, and undertake that they will pay interest within the framework of the credit card agreement with the bank and will be responsible to the bank.
11. AUTHORIZED COURT
In complaints and objections arising from this agreement, within the monetary limits specified in the law below, the Consumer Arbitration Committee or the Consumer Court at the place of the consumer's residence or where the consumer transaction took place will be authorized.
12. EFFECTIVENESS
The BUYER is deemed to have accepted all the provisions of this agreement when placing an order electronically after being informed of the preliminary information regarding the product subject to the contract on the optiksunn.com website. This agreement comes into effect as soon as it is approved electronically by the BUYER.
Note: This is a draft agreement. For legal compliance, consult a legal expert and fill in your company information completely.