DISTANCE SELLING AGREEMENT

1. PARTIES

This Distance Selling Agreement (“Agreement”) is executed electronically between the Buyer and the Supplier under the terms and conditions set out below. The Buyer and the Supplier shall hereinafter be collectively referred to as the “Parties” and individually as a “Party”.

2. DEFINITIONS

BUYER: The natural person who purchases, uses, or benefits from a Product or Service for purposes that are not commercial or professional.

Ministry: The Ministry of Trade of the Republic of Türkiye.

Bank: Licensed institutions established in accordance with the Banking Law No. 5411.

Service: Any consumer transaction other than the supply of Products and services performed or undertaken to be performed in return for a fee or benefit.

Law: The Law No. 6502 on the Protection of Consumers.

Pre-Contractual Information Form: The form prepared to inform the Buyer of the minimum requirements stipulated under the Regulation before the Agreement is concluded or before any offer in return is accepted by the Buyer.

Supplier: The natural and/or legal person, including public legal entities, who, for commercial or professional purposes, provides Products/Services to the consumer, or acts on behalf of or for the account of the person providing such Products/Services, whose details are stated in Clause 5 of this Agreement.

Agreement: This Agreement concluded between the Supplier and the Buyer.

Product/Service: Tangible movable goods that are the subject of the transaction and intangible goods such as software, sound, image, or similar digital content prepared for use in an electronic environment.

Website: The internet site belonging to the Supplier (www.prayistanbul.com).

Regulation: The Regulation on Distance Contracts.

3. SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Selling Agreement has been drawn up in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The subject of this Agreement is to determine the rights and obligations of the Parties in relation to the sale and delivery of the product whose specifications and sales price are indicated below, sold by the Supplier to the Buyer, pursuant to the provisions of the Law on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts.

The Parties to this Agreement hereby acknowledge, declare, and undertake that they have been informed of and have understood their obligations and responsibilities arising from the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

4. PARTIES

4.1. SUPPLIER INFORMATION

·       Trade Name / Full Name of the Supplier:

·       Address of the Supplier:

·       MERSIS Number of the Supplier:

·       Tax Identification Number of the Supplier:

·       Telephone Number of the Supplier:

·       Fax Number of the Supplier:

·       Registered E-Mail (KEP) and E-Mail Address of the Supplier:

4.2. BUYER INFORMATION

·       Name:

·       Delivery Details:

·       Invoice Address:

·       Telephone:

·       E-Mail:

5. PRODUCT INFORMATION

The main characteristics of the goods subject to this Agreement, including the type, quantity, brand/product name, description, and the total sales price (including all applicable taxes) calculated as quantity × unit price, are as stated below:

DELIVERY INFORMATION          
Shipping Fee: ₺ 0.00 
Cargo Company:       
Recipient:      
Delivery Information:

INVOICE INFORMATION

Name:
Invoice Address:       
E-mail:

If the order is confirmed, the BUYER is deemed to have accepted all the terms of this agreement.

6. PRODUCT INFORMATION AND DELIVERY

6.1. Delivery shall be made by the Supplier via courier to the address specified above within ten (10) business days following order confirmation and, in any case, within the statutory maximum period of thirty (30) days.

6.2. Official holidays and national/religious holidays are excluded from this period. During delivery, the Customer shall inspect the product and sign the delivery note. By signing the delivery note, the Customer or the person acting on behalf of the Customer shall be deemed to have declared that the product has been received in full, complete, and undamaged condition. In exceptional circumstances such as strikes, lockouts, natural disasters, uprisings, civil disturbances, nuclear risks and hazards, war, invasion, revolution, civil war, sabotage, or fire, as well as during discount periods or due to reasons attributable to the Buyer (such as the Buyer not being present at the address, absence of an authorised recipient, or relocation), the delivery time and conditions may vary.

7. GENERAL PROVISIONS

7.1. The Buyer hereby acknowledges, declares and undertakes that they have read and been informed of all preliminary information regarding the essential characteristics, sales price, payment method and delivery of the product subject to this Distance Sales Agreement as specified in Article 5 herein, and that they have given the necessary confirmation electronically.

7.2. If the product subject to this Agreement is to be delivered to a person/institution other than the Buyer, the Seller shall not be held liable for the failure of such person/institution to accept delivery.

7.3. The Seller shall be responsible for delivering the product subject to this Agreement in a sound and complete manner, in conformity with the specifications stated in the order, and together with any applicable warranty certificates and user manuals, if any.

7.4. Delivery of the product subject to this Agreement shall be contingent upon full payment of the product price by the Buyer through the payment method chosen by the Buyer. In the event that the product price is not paid for any reason, or is cancelled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the product.

7.5. The Seller may, prior to the expiration of the delivery period and on condition that the Buyer is informed and provides explicit consent, supply a product of equal quality and/or a different price in respect of the product subject to this Distance Sales Agreement.

7.6. In the event that the performance of the product(s) or service subject to this Distance Sales Agreement becomes impossible for any reason, and the Seller is unable to fulfill its obligations, the Seller hereby accepts, declares and undertakes to notify the Buyer of such circumstance and to refund the total sales price to the Buyer within fourteen (14) days.

7.7. The Buyer hereby acknowledges, declares and undertakes that they have read, reviewed and confirmed electronically this Distance Sales Agreement, all of its annexes, the preliminary information form available on the website, the Privacy Agreement, the Personal Data Protection (KVKK) forms and their annexes, the Withdrawal Form, and all other related contracts and documents executed between the Parties.

7.8. The Buyer acknowledges, declares and undertakes that, in the event the payment for the product subject to this Agreement is not made and/or is cancelled in the bank records, the Seller’s obligation to deliver the product subject to this Agreement shall cease.

7.9. Should any unforeseeable event beyond the control of the Parties occur after the conclusion of this Agreement, which cannot be attributed to the Parties and renders performance of the contractual obligations impossible or contrary to the principle of good faith (including but not limited to strike, lockout, war, civil war, mobilization, acts of terrorism, natural disasters, pandemics, or adverse circumstances arising from administrative authorities), such circumstances shall be deemed as Force Majeure. In such a case, the Seller undertakes to notify the Buyer that delivery cannot be made. The Buyer shall be entitled to request cancellation of the order, substitution of the product with an equivalent, and/or postponement of delivery until the obstacle is removed. In the event that the Buyer cancels the order, the amount paid in cash shall be refunded in full to the Buyer within fourteen (14) days. For payments made by credit card, the product amount shall be refunded to the relevant bank within fourteen (14) days following the cancellation by the Buyer. The Buyer acknowledges that the average period for the refund to be reflected in their account by the bank may take two (2) to three (3) weeks after the Seller’s refund to the bank, and that such delay is solely dependent on the bank’s transaction process. Therefore, the Buyer accepts and declares that they shall not hold the Seller liable for any potential delays. The Seller reserves the right, in the event of Force Majeure, to withdraw from product delivery and refund the product amount to the Buyer.

7.10. The Seller shall have the right to contact the Buyer through the address, e-mail address, fixed and mobile phone lines and other communication channels specified by the Buyer in the registration form or subsequently updated by the Buyer, for purposes of correspondence, marketing, notifications and other communications. By accepting this Agreement, the Buyer acknowledges and declares that the Seller may engage in such communication activities directed at the Buyer through the aforementioned channels.

7.11. The Buyer shall inspect the product/service subject to this Agreement prior to taking delivery, and shall not accept delivery of any product that is damaged or defective. The obligation to preserve the product diligently after delivery belongs to the Buyer. In order for the Buyer to exercise the right of withdrawal, the product subject to this Agreement must not have been used in any way. The Buyer hereby acknowledges, declares and undertakes in advance that they shall not be entitled to exercise the right of withdrawal in such a case.

7.12. The Buyer declares and undertakes that the personal and other information provided while registering on the Seller’s website or during the purchase of goods/services are accurate, and that they shall immediately, in cash and in full, indemnify the Seller for all damages that the Seller may incur as a result of the inaccuracy of such information, upon the first written notice from the Seller.

7.13. The Buyer hereby agrees and undertakes to comply with all applicable legal regulations while using the Seller’s website and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall rest solely and exclusively with the Buyer.

8. RIGHT OF WITHDRAWAL

8.1. The Buyer (Consumer) shall be entitled to withdraw from this Agreement within fourteen (14) days without giving any reason and without incurring any penalty or indemnity.
The withdrawal period shall commence on the day of the conclusion of the Agreement in respect of service contracts, and on the day on which the Buyer (Consumer) or a third party designated by the Buyer (Consumer) takes delivery of the goods in respect of sales contracts involving the delivery of goods.
However, the Buyer (Consumer) may exercise the right of withdrawal at any time between the conclusion of the Agreement and the delivery of the goods.

8.2. In determining the withdrawal period:
(a) where multiple goods are ordered under a single order but delivered separately, the withdrawal period shall begin on the day on which the Buyer (Consumer) or a third party designated by the Buyer (Consumer) takes delivery of the last item;
(b) where goods consist of multiple parts or components, the withdrawal period shall begin on the day on which the Buyer (Consumer) or a third party designated by the Buyer (Consumer) takes delivery of the last part or component; and
(c) where the Agreement provides for the regular delivery of goods over a specified period of time, the withdrawal period shall begin on the day on which the Buyer (Consumer) or a third party designated by the Buyer (Consumer) takes delivery of the first item.

8.3. In contracts where the provision of services and the delivery of goods are performed together, the provisions concerning the right of withdrawal applicable to the delivery of goods shall apply.

8.4. It shall suffice that the notification of the exercise of the right of withdrawal is submitted in writing or by means of a durable data carrier before the expiry of the withdrawal period.
In exercising the right of withdrawal, the Buyer (Consumer) may make an explicit statement communicating their decision to withdraw.
A Buyer (Consumer) who exercises the right of withdrawal shall be obliged to return the product to the Seller within ten (10) days.
If the right of withdrawal is not exercised within the prescribed period, the Buyer (Consumer) shall forfeit such right.

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9. PROVISIONS REGARDING THE EXERCISE OF THE RIGHT OF WITHDRAWAL AND RETURN OF GOODS

9.1. The Buyer hereby acknowledges, declares and undertakes that products without an invoice and products without their original packaging shall not be eligible for return.

9.2. The Buyer hereby acknowledges, declares and undertakes that products whose original packaging has been damaged, which have lost their resalable condition, or which cannot be offered for resale to another customer shall not be accepted for return by the Seller. All tags must remain attached to the product intended for return, and the product must not have been altered or repaired in any way.

9.3. Together with the product intended to be returned, the Buyer must send all copies of the invoice and the original invoice itself, as well as the return tracking number. Returns of products without an invoice shall not be accepted.

9.4. The shipping cost for products returned by the Buyer shall be borne by the Seller. In order to benefit from free return shipping, the Buyer must send the return package via the contracted courier company to the Seller’s return address: Kuleli Mah., Yalnız Selvi Cad., Teta Çengelköy Evleri Site, Block A, No: 1A/1, Interior Door No: 1, Üsküdar, Istanbul, Turkey.
For returns sent through other courier companies, the shipping fee shall be borne by the Buyer.

9.5. Returns or exchanges are not possible for cosmetics, food products, evening wear, Christofle products, underwear, jewellery, books/magazines, technological devices, and products that are personalized or customized for the Buyer.

9.6. Products are delivered to the Buyer together with a delivery note (dispatch note). The reverse side of the delivery note contains the return form. The Buyer must indicate on the return form the products to be returned, along with their barcodes and the reasons for return.

9.7. The return shipping code is indicated at the bottom section of the delivery note. The Buyer hereby acknowledges, declares and undertakes that, when returning the product subject to this Agreement, the completed return form and the delivery note shall be placed inside the shipment package.

9.8. The product returned by the Buyer shall first be inspected by the Seller. If it meets the above-stated conditions, the return process shall be initiated. Upon approval of the return, an e-mail titled “YOUR RETURN REQUEST HAS BEEN APPROVED” shall be sent to the Buyer for notification. Following such notification, payment shall be made to the Buyer within the statutory period of fourteen (14) days, in accordance with the provisions of this Distance Sales Agreement.

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10. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

The Buyer may not exercise the right of withdrawal in respect of contracts relating to the delivery of any of the following products:

(a) Contracts for goods prepared in accordance with the Buyer’s requests or personal specifications.
(b) Contracts for the delivery of goods that are perishable or that may expire rapidly.
(c) Contracts for goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery, and which are not suitable for return due to health protection or hygiene reasons.
(d) Contracts for goods which, after delivery, are inseparably mixed with other products by their nature.
(e) Contracts for books, digital content, or computer consumables supplied in a tangible medium, where the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery.
(f) Contracts for services that have commenced, with the Buyer’s prior consent, before the expiry of the withdrawal period.

11. OTHER PROVISIONS

11.1. This Distance Sales Agreement has been executed in accordance with Turkish Law and the relevant applicable legislation, and its validity and binding effect shall be governed accordingly.

11.2. In the event of any dispute arising from the implementation or interpretation of this Agreement, the Courts and Enforcement Offices of Istanbul (Anatolian Side) shall have jurisdiction.

11.3. In case of any complaint, objection, or legal dispute, applications may be made to the Consumer Arbitration Committees within the monetary limits determined annually in December by the Ministry of Customs and Trade of the Republic of Turkey; disputes exceeding such limits shall fall under the jurisdiction of the Consumer Courts and Enforcement Offices.

11.4. In the event of a change in the addresses provided by the Parties at the time of execution of this Agreement, the Parties shall be obliged to notify the other Party in writing of their new address by registered mail with return receipt, expressly indicating that the notice concerns a change of address. Otherwise, notifications made to the previous address shall be deemed valid and binding.

12. EXECUTION DATE AND SIGNATURE

This Distance Selling Agreement has been concluded electronically on …… (date) at …… (hour), and one copy has been transmitted in electronic format to the Buyer’s e-mail address specified in this Agreement.