Article 1: Parties
Article 2: Subject
2.1. The subject of this Agreement is to determine the rights and obligations of the parties, in accordance with Law No. 6502 on the Protection of Consumers and the Distance Sales Regulation, regarding the sale and delivery of the products ordered electronically by the BUYER through the Seller’s website, the characteristics and sales price of which are specified.
2.2. The BUYER acknowledges and declares that they have been informed of and have confirmed all preliminary information including the main characteristics of the products, the sales price, payment method, delivery conditions, and the right of withdrawal before placing the order.
2.3. The Pre-Information Form on the website, the invoice issued in the name of the BUYER and any delivery note, if applicable, form an integral part of this Agreement.
2.4. This Agreement enters into force when the BUYER provides electronic approval.
Article 3: Delivery of The Product
3.1. The product(s) shall be delivered to the delivery address specified by the BUYER via the Seller’s contracted courier company.
3.2. The type, quantity, brand/model, color, price, payment method, recipient, delivery address, and billing details shall be as declared by the BUYER during checkout, and the BUYER is responsible for their accuracy.
3.3. If the Seller detects any inconsistency or suspicion regarding the declared information, the order may be suspended and the Buyer contacted. If the Buyer cannot be reached or verification is not provided within 15 (fifteen) days, the order shall be cancelled to avoid loss to either party.
Article 4: Delivery Costs and Performance
4.1. After order confirmation, stock availability and successful payment, the Seller shall ship the products within 5 (five) days. This period may be extended up to 30 (thirty) days with written notification.
4.2. Delivery costs shall be borne by the Buyer unless otherwise stated. If the Buyer is not present at the address, delivery shall be deemed completed.
4.3. If delivery is to a third party who refuses to accept it, the Seller shall not be liable. Any costs arising from returns shall be borne by the Buyer.
4.4. Phone-notified delivery may apply for regions not serviced by courier companies.
4.5. In cases of force majeure or extraordinary circumstances, the Seller shall notify the Buyer within 3 (three) days. The Buyer may cancel, request replacement, or postpone delivery. In case of cancellation, refunds shall be made within 14 (fourteen) days.
4.6. If payment is not made or is cancelled by the bank, the Seller’s obligation to deliver shall cease.
Article 5: Buyer's Declarations
5.1. The Buyer agrees to fulfill their obligations except in force majeure.
5.2. By placing an order, the Buyer accepts this Agreement and the preliminary information.
5.3. The Buyer confirms that they have been clearly informed of all Seller and product details.
5.4. The Buyer confirms that they have approved all order and payment procedures electronically.
5.5. The Buyer must inspect the product upon delivery and return damaged goods with a delivery report.
5.6. Delivery to any person at the address shall be deemed delivery to the Buyer.
5.7. The invoice and delivery note must be returned for refunds.
Article 6: Seller's Obligations
6.1. In accordance with Law No. 6502 on the Protection of Consumers and the Distance Sales Regulation, the SELLER is obliged, except in cases of force majeure, to deliver the product in compliance with the specifications stated in the order, complete and, where applicable, together with warranty certificates and user manuals. The SELLER shall not be held liable if the product is not accepted by a third party at the delivery address.
6.2. The BUYER has the right to withdraw from the contract within fourteen (14) days from the date of delivery of the product, without providing any reason.
6.3. Persons under the age of 18 are not permitted to make purchases through the website. Any liability arising from incorrect age declaration shall rest solely with the BUYER.
6.4. The SELLER may, for a justified reason, supply a product of equal quality and price before the performance period expires or notify the BUYER that performance has become impossible. In such cases, the BUYER may exercise the right to cancel, exchange, or postpone the delivery. In the event of cancellation, all payments and related documents shall be refunded within fourteen (14) days.
6.5. Payments may be made via credit or debit card through https://www.smileseyewear.com. Orders for which payment is not completed within one (1) day shall be cancelled. Cash on delivery or collect-on-delivery payments are not accepted unless otherwise expressly agreed with customer service.
Article 7: Characteristics of the Product Subject to the Contract
7.1. The type, kind, quantity, brand/model, color and sales price including taxes of the product shall be as stated on the product page and on the invoice, which forms an integral part of this Agreement.
7.2. The SELLER shall not be held liable for obvious pricing or listing errors arising from technical or system malfunctions, and no rights may be claimed based on such errors.
Article 8: Order and Payment Procedure
8.1. The BUYER is responsible for all obligations arising from their agreement with their bank and card issuer.
8.2. The amount approved in the shopping cart (or the total amount in installment purchases) shall be charged through the relevant POS system.
8.3. If the amount is not paid to the SELLER due to unauthorized use of the BUYER’s card by third parties without the BUYER’s fault after delivery, the BUYER is obliged to return the delivered product to the SELLER within ten (10) days at their own shipping expense.
Article 9: Payment Plan (Installment Transactions)
9.1. Deferred sales may be made via bank or credit cards. Interest rates and default conditions shall be subject to the agreement between the BUYER and the bank.
9.2. In installment transactions, the agreement between the BUYER and the bank shall apply. The BUYER shall follow the number of installments and payments through their bank statement.
Article 10: Right of Withdrawal
10.1. The BUYER may exercise the right of withdrawal within fourteen (14) days from the date of delivery by returning the product complete, undamaged, and with its original packaging and standard accessories.
10.2. For returns, the return section of the invoice must be completed or the return form must be submitted electronically. If the original invoice is not returned, VAT and other legal deductions may not be refunded.
10.3. Upon receipt of the withdrawal notice, the SELLER shall refund the purchase price and all documents placing the BUYER under obligation within fourteen (14) days, and the BUYER shall return the product within ten (10) days.
10.4. The reflection of credit card refunds to the account depends on the bank’s processing period.
10.5. In installment transactions, banks may process refunds in installments.
10.6. If there is a loss of value due to the BUYER’s fault, the BUYER shall compensate the SELLER for such loss in proportion to the fault.
Article 11: Return Conditions for Special Products
11.1. Products that are not suitable for return due to their nature (such as single-use products or products that cannot be returned for hygiene reasons) cannot be returned except in cases of defect or malfunction.
11.2. The right of withdrawal cannot be exercised for products that have been personalized or modified at the BUYER’s request.
Article 12: Default and Legal Consequences
If the BUYER defaults on credit card payments, they shall be liable for interest and expenses in accordance with their agreement with their bank. In the event of legal proceedings initiated by the bank, any resulting costs and attorney fees may be claimed from the BUYER. The BUYER agrees to compensate the SELLER for any damages arising from the delay.
Article 13: Warranty
The SELLER’s warranty obligations apply to consumers within the scope of Law No. 6502. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 14: Competent Authority
In disputes, Consumer Arbitration Committees shall have jurisdiction within the monetary limits announced annually by the Ministry of Trade, and Consumer Courts shall have jurisdiction for disputes exceeding these limits.
Article 15: Privacy
Information provided by the BUYER for contractual and payment purposes shall not be shared with third parties except where required by administrative or legal obligations. Data requested in judicial investigations may be provided to the competent authorities. Credit card information is not stored and is transmitted securely to banks solely for authorization purposes. The BUYER’s email, address, and phone number may be used for delivery and notification purposes, and commercial communications are subject to the BUYER’s consent.
Article 16: Effectiveness
By completing payment and providing electronic approval for an order placed through the website, the BUYER shall be deemed to have accepted all terms of this Agreement. The SELLER shall implement technical measures to ensure that the BUYER confirms having read and accepted the Agreement before completing the order.