Distance Selling Agreement

Regulation on Distance Contracts Application Procedures and Principles
Published in R. Newspaper Date: 6/3/2011 - Number: 27866

From the Ministry of Industry and Trade:

REGULATION ON DISTANCE CONTRACTS

FIRST PART

Purpose, Scope, Basis and Definitions

Aim

ARTICLE 1 - (1) The purpose of this Regulation; To determine the implementation procedures and principles regarding distance contracts.

Scope

ARTICLE 2 - (1) This Regulation; It is applied to contracts made in written, visual and electronic media or using other means of communication, without any confrontation with the consumers, and where the immediate or subsequent delivery or performance of the goods or services is agreed upon.

(2) The provisions of this Regulation;

a) Regarding banking and insurance,
b) Regarding sales made through automatic machines,
c) Contracted with those who provide telecommunication services through public telephone use,
ç) Regarding real estate sales, rental and other rights related to real estate,
d) Concluded by increase or decrease,

It does not apply to contracts.

(3) Articles 5, 6, 7 and 8 and the first paragraph of Article 9;

a) Regarding the delivery of foodstuffs, beverages or other daily consumption items to the consumer's residence or workplace within the framework of the seller's regular deliveries,

b) Established with providers providing services in fields such as travel, accommodation, restaurant management and entertainment industry, and the provider is obliged to provide the service subject to the contract on a certain date or within a certain time period,

It does not apply to contracts.

Rest

ARTICLE 3 - (1) This Regulation has been prepared based on Articles 9/A and 31 of the Law on Consumer Protection No. 4077 dated 23/2/1995.

Definitions

ARTICLE 4 - (1) In this Regulation;

a) Minister: Minister of Industry and Trade,
b) Ministry: Ministry of Industry and Trade,
c) Service: Any activity other than providing goods in return for a fee or benefit,
ç) Lender: Banks, private finance institutions and financing companies authorized to provide cash loans to consumers in accordance with the relevant legislation,
d) Goods: The movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment,
e) Distance contract: Contracts made in written, visual, telephone and electronic media or by using other means of communication, without any confrontation with the consumers, and in which the delivery or performance of the goods or services to the consumer is agreed upon immediately or later,
f) Provider: Real or legal entities that provide services to consumers within the scope of their commercial or professional activities, including public legal entities,
g) Seller: Real or legal entities that offer goods to consumers within the scope of their commercial or professional activities, including public legal entities,
g) Permanent data carrier: Any tool or environment that allows the consumer to record the information sent to him/her personally, in a way that allows the consumer to review this information for a reasonable period of time in accordance with its purpose, and allows the recorded information to be accessed verbatim,
h) Consumer: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
i) Remote communication tool: It refers to any tool or medium that allows the establishment of a contract without physical confrontation, such as letter, catalogue, telephone, fax, radio, television, e-mail message, internet.

SECOND PART

General Regulations Regarding Distance Contracts

Preliminary information and information form

ARTICLE 5 - (1) Before the establishment of a distance contract, the consumer is informed by the seller or provider in a clear, understandable manner and in accordance with the remote communication tool used, including all of the following information.

a) Name, title, full address, telephone number and other access information, if any, of the seller or provider.
b) Basic characteristics of the goods or services subject to the contract.
c) The sales price of the goods or services in Turkish Lira, including all taxes.
d) Delivery costs, if any.
d) Information regarding payment and delivery or performance.
e) Conditions for exercising the right of withdrawal and how to exercise this right.
f) In cases where the fee for using a remote communication tool is not calculated based on the normal fee tariff, the additional cost imposed on consumers due to the use of this communication tool.
g) Validity period of commitments, including price, regarding goods or services.
g) In cases where the subject of the contract consists of a continuous or periodic performance of goods or services, the minimum duration of the contract in question.
h) Conditions for termination of debt relations of indefinite duration or with a duration of more than one year.
i) Information that applications regarding complaints and objections of consumers can be made to the arbitration committee or consumer court on consumer issues in the place where the consumer purchases the goods or services or where he/she resides, within the monetary limits determined by the Ministry in December every year.

(2) The seller or provider is obliged to deliver the information form containing all the information in the first paragraph to the consumer in writing or via a permanent data carrier within a reasonable period of time before the goods subject to the contract reach the consumer and for services before the execution of the contract. In cases where verbal remote communication tools such as telephone are used, the seller must deliver the information form containing all the information in the first paragraph to the consumer at the time of delivery of the goods at the latest.

(3) It is mandatory to state that the information specified in the first paragraph is given for commercial purposes in accordance with the remote communication tools used and within the framework of good faith principles, in a way to protect minors and adults who lack the power of discrimination or have limited discrimination.

(4) If verbal remote communication tools such as telephone are used, it is also mandatory to clearly inform the consumer at the beginning of each conversation about the identity of the seller or provider and the commercial purpose of the conversation.

Confirmation of preliminary information

ARTICLE 6 - (1) A contract cannot be concluded by the seller or provider unless the consumer confirms in writing that he has obtained the preliminary information specified in Article 5. In contracts made electronically, the confirmation process is also done electronically.

Right of withdrawal

ARTICLE 7 - (1) In distance contracts, the consumer has the right to withdraw from the contract within seven days without giving any reason and without paying any penalty. It is sufficient to notify us of the exercise of the right of withdrawal in writing or via a permanent data carrier within this period.

(2) In contracts regarding the delivery of goods, the right of withdrawal starts from the day the consumer receives the goods, and in other contracts, from the day the contract is concluded.

(3) If the seller or supplier does not fulfill its obligations specified in Articles 5 and 6, the right of withdrawal is three months. In contracts regarding the delivery of goods, this period starts from the day the consumer receives the goods, and in other contracts, it starts from the day the contract is concluded. However, if the obligations specified in Articles 5 and 6 are fulfilled within a three-month period, the seven-day right of withdrawal specified in the first paragraph begins to run from the day on which the obligations in question are fulfilled. It is sufficient to declare the intention to exercise the right of withdrawal in writing or via a permanent data carrier within this period.

(4) Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts.

a) Service contracts in which the performance of the service begins with the approval of the consumer before the right of withdrawal expires.
b) Contracts regarding goods whose prices are determined in the stock exchange or other organized markets.
c) Contracts regarding the delivery of goods prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire.
d) Contracts regarding audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.
d) Contracts regarding the delivery of periodicals such as newspapers and magazines.
e) Contracts regarding the performance of services related to betting and lottery.
f) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.

(5) In distance contracts where the consumer is given credit by the seller or provider or a third party in cooperation with him for the full or partial performance of his debt, if the consumer exercises his right of withdrawal within the provisions of this article, the loan contract does not include the obligation to pay any compensation or penalty. It ends without a plot. However, for this purpose, the notice of withdrawal must be sent to the lender in writing. Mutual return obligations of the parties are reserved.

Consequences of exercising the right of withdrawal

ARTICLE 8 - (1) If the consumer exercises his right of withdrawal, the seller or provider must return the total price received and any documents that put the consumer in debt within ten days at the latest from the date of receipt of the notice of withdrawal, without incurring any expense to the consumer, and return the goods within twenty days. is obliged to take it back.

(2) The decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value of the goods or the decrease in value. Changes and deteriorations that occur due to the normal use of the goods are not considered as decrease in value.

Performance of the contract

ARTICLE 9 - (1) Unless otherwise agreed by the parties, the seller or provider shall fulfill the order within thirty days at the latest from the day the order is transmitted to him/her by the consumer. This period may be extended for a maximum of ten days, provided that the consumer is notified in advance in writing or via a permanent data carrier.

(2) In cases where it becomes impossible to fulfill the goods or services subject to the order, the consumer must be informed of this situation and the total price paid and any documents that put him in debt must be returned to him within ten days at the latest. The fact that the goods are not in stock is not considered as impossible to fulfill the goods supply.

(3) The seller or provider may supply another good or service of equal quality and price to the consumer, provided that the following conditions are met.

a) It is agreed in the contract.
b) It is understood that the goods or services subject to the contract cannot be supplied for a justified reason.
c) Informing consumers in a clear and understandable manner and obtaining their consent.

Goods and services not ordered

ARTICLE 10 - (1) In case of delivery of goods or services that were not ordered; The seller or provider cannot assert any rights against the consumer, except for the use or consumption of the goods or services. In these cases, the consumer's silence cannot be interpreted as a statement of acceptance for the conclusion of the contract and the consumer has no obligation to return or preserve the goods.

payment by card

ARTICLE 11 - (1) In distance contracts, in cases where payment is made by credit card, debit card or a similar payment card without issuing a spending document, in case the card is used unlawfully by someone else; Transactions are carried out in accordance with the provisions of the Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette No. 26458 dated 10/3/2007.

Storage of information and proof