OCCLEUS DISTANCE SALES CONTRACT
ARTICLE 1 - PURPOSE
This Distance Sales Agreement (" Contract ") regulates the rights and obligations of the parties regarding the product and/or products ordered by the BUYER electronically from the SELLER's website, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation. BUYER accepts and declares that he/she is aware of the following issues by reviewing the information at https://occleus.com/ before placing an order and assuming the payment obligation.
In this Agreement, Buyer and Seller will be referred to individually as "Parties" and together as "Parties".
INFORMATION ABOUT THE SELLER
Title: Umut Marin Maritime Services. Tic. LTD. ŞTİ.
Address: Evliya Çelebi Mh. Gençosman Cd. No: 34-A Tuzla/ISTANBUL
Phone: +90 212 212 23 26
Email for Sending the Withdrawal Notification: d firstname.lastname@example.org
INFORMATION ABOUT THE BUYER
ARTICLE 3 – FEATURES OF THE SOLD PRODUCT AND PAYMENT TERMS
Product Name and Basic Features:
3.1 BUYER accepts and declares that he/she has read and understood the main characteristics of the product, the sales price including taxes, payment method and delivery and has given the necessary confirmation in writing. BUYER accepts and declares that he/she has obtained all the information that SELLER must provide before accepting this Agreement in accordance with the Distance Contracts Regulation.
3.2 For international shipments, the shipment will be made at the buyer's expense. Any special fees, import taxes and customs fees that may occur in international shipments will be the responsibility of the BUYER. BUYER accepts and declares that he/she was aware of the payment and delivery transactions policy on the website https://occleus.com/ before placing an order and assuming the payment obligation.
3.3 The product qualities and quantity purchased by the BUYER are the same as the information on the website at https://occleus.com/ and in the invoice sent by e-mail after the purchase. After the product is sold, the order summary and sales contract provisions are sent to the BUYER's e-mail address. In case of additional costs for shipping and delivery, these details will be sent to the BUYER's email address.
3.4 In case of any error regarding the product price due to system errors of the site at https://occleus.com/ , the BUYER will be immediately informed about the error. Depending on the BUYER's preference, the transaction will either be canceled or the sale will be carried out using the real price of the product.
3.5 The price of the product and the exchange rate for payment may vary depending on the BUYER's place of residence. In case the BUYER uses VPN to change his place of residence and purchases the product, the SELLER reserves the right to cancel the sales process accordingly.
3.6 While payment by credit card can be made in a single installment, payments can be made in multiple installments depending on seasonal agreements made with banks. Installment and possible subsequent interest are at the discretion of the relevant bank.
3.7 For product delivery within the scope of the Sales Contract, the product price must be paid by the method preferred by the BUYER. In order for payments to be made by credit card, the BUYER must enter complete credit card information in the payment field. If the product price is not paid or the payment is canceled by the bank, the SELLER may terminate the Agreement unilaterally and the SELLER will no longer be obliged to deliver the product.
ARTICLE 4 – DELIVERY OF THE PRODUCT
Delivery address :
To whom it will be delivered:
4.1 SELLER may give BUYER an estimated delivery date for the product purchased. The delivery period will not exceed 30 (thirty) days as stipulated in the Distance Contracts Regulation. If the order cannot be delivered for any reason within the period promised by the SELLER, the BUYER will be informed about the delay in question.
4.2 The product will be delivered to the person at the delivery address specified by the BUYER. The SELLER does not bear any damages or expenses that may arise from the receipt of the product by a person other than the BUYER at the delivery address. If delivery is made to the person at the delivery address, this delivery will be considered as a delivery to the BUYER. SELLER will be deemed to have fulfilled its obligations.
4.3 The BUYER is responsible for checking the product immediately at the time of delivery and immediately notifying the SELLER whether it is defective or not, via the phone number in the contact information above.
ARTICLE 5 – RIGHTS AND OBLIGATIONS OF THE SELLER AND BUYER
5.1 SELLER is responsible for the delivery of the product within the scope of the Contract, in accordance with the qualifications and specifications specified in the order, complete and with all warranty documents and user manuals.
5.2 The BUYER is obliged to check the product immediately at the time of delivery, to reject the product in case of any problem with the product or cargo and to prepare a report to the cargo company official. If there is no detection and notification regarding the product condition, the product received will be considered undamaged.
5.3 In cases where it becomes impossible for the SELLER to deliver the ordered products or services, the SELLER is obliged to notify the consumer in writing or via permanent data storage tools within five days from the date of becoming aware of this. It must return all payments collected, including delivery costs, if any, within fourteen days from the date of notification. The fact that the product is not in stock will not be considered as the impossibility of supplying the product.
ARTICLE 6 – USE OF THE RIGHT OF WITHDRAWAL AND OBLIGATIONS
BUYER shall have the right to withdraw from the Contract within 14 (fourteen) days without giving any reason and without paying any penalty.
He/she can exercise his/her right of withdrawal by making a notification of withdrawal to the e-mail address or telephone number specified in Article 7. (Unless the SELLER makes an offer to take back the product, the BUYER will be obliged to return the product to the seller or provider or the designated person within 10 (ten) days following the date of sending the notice of withdrawal. In addition, the product must be returned within 10 (ten) days from the exercise of the right of withdrawal. The product(s) must be unused, unworn, unwashed and in its original packaging, including all components and accessories sent in the package with its standard.
The product price of the product returned due to the right of withdrawal will be refunded using the BUYER's original payment method within 14 (fourteen) days from the date of receipt of the product. For refunds made by credit card, the refund period may vary depending on the bank. The product to be returned must not be used other than to be tried on, must not be worn outside even for a short time, and must not be in a condition that would prevent resale due to washing and/or damage. In case of withdrawal, if the returned product does not meet the conditions of the return policy, the product will be delivered back to the same address without any extra payment.
ARTICLE 7 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
BUYER will not be able to exercise his right of withdrawal in the following cases listed in Article 15 of the Distance Contracts Regulation.
- a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
- b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
- c) Contracts for the delivery of goods that can quickly deteriorate or expire.
ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
- d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
- e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
- f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
- g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
- h) Contracts regarding services whose performance started with the approval of the consumer before the right of withdrawal expires.
ARTICLE 8 - PRODUCT RETURN POLICY
You can return any product you ordered from Occleus.com within 14 days without giving any reason and without paying any penalty. The product to be returned must not be used other than to be tried on, must not be worn outside even for a short time, and must not be in a condition that would prevent resale due to washing and/or damage.
To return a product, you can send an e-mail to email@example.com and let us know which product you will return.
After notifying Occleus, you can send the product(s) you want to return via e-mail to the address specified.
Product return conditions will be as follows:
The products to be returned must be unused, unworn and unwashed. The product must be packaged in its original packaging without damage and returned to the return address provided by Occleus. Returns of unnamed and unnotified products will not be accepted.
Returns of products that are not packaged in their original packaging or that have damaged packaging, labels from the cargo company, packaging tape or damaged original packaging will not be accepted. If the returned products are received as defective, the products will be returned to the sender and all additional delivery costs will be borne by the customer.
If the product has any accessories during the first delivery to the buyer, these accessories must be packaged in their original packaging and returned without damage.
If the product is not suitable for return because it has lost its intended purpose and/or the product to be returned is not suitable for resale, these products cannot be returned.
Certain products prepared and produced for special occasions such as Christmas, Valentine's Day, Mother's/Father's Day, and products in the jewelry-accessory category cannot be returned.
Once you receive your product from occleus.com, please ensure that the product complies with all terms, conditions and our return policies above. If the product return is accepted, the price of the returned product is refunded using the BUYER's original payment method. If the returned product does not meet the return policy conditions, the product will be returned to the same address without any extra payment.
If the product return is completed and processed, you will be notified by e-mail. The product price will be refunded using the original payment method. If the payment is made by bank transfer, the product price will be refunded to the IBAN account you specified in the return form. If the payment is made by credit card, the refund will be transferred to the credit card. The time period during which such a refund will appear on your bank statement may vary by bank. If the refund takes longer than you expected, please be sure to contact your bank.
ARTICLE 9 - PRODUCT EXCHANGE POLICY
You can change any product you ordered from occleus.com without giving any reason, by sending a change notification within 14 (fourteen) days after delivery. The product to be returned and replaced; It should not be tried on, used, worn outside even for a short time, and should not be in a condition that would prevent resale due to washing and/or damage.
To have the product replaced, you can send an e-mail to firstname.lastname@example.org and let us know the product you want to replace.
Please clearly state the replacement request on the return form and also be sure to specify which items, colors and sizes you would like to exchange.
After we receive your request along with the product you want to replace, the product will be checked and, if deemed appropriate, it will be replaced with the product you want without any additional charge, if it is in stock. If there is a price difference between the product to be returned and the product to be replaced, this price difference will be borne by the consumer. If the product is not in stock, a refund will be made using the payment method specified in the return policy.
Customers can request changes in the sizes of any product they wish, depending on stock availability.
ARTICLE 10 – DISPUTE RESOLUTION AND COMPETENT COURT
Any disputes that may arise regarding this Agreement will be decided by Consumer Arbitration Committees and Arbitration Courts located in the Center, up to the value declared by the Ministry of Customs and Trade. Consumer demands will be managed by district/provincial consumer arbitration committees in line with the lower and upper limits specified in the 1st paragraph of Article 68 of the Consumer Protection Law No. 6502, where the buyer resides and where the product or service is purchased by the BUYER.
SELLER: UMUT MARİN DENİZCİLİK HİZM. TRADE. LTD. ŞTİ.