DISTANCE CONTRACTS REGULATION

CHAPTER ONE

Purpose, Scope, Basis and Definitions

Aim

ARTICLE 1 – (1) The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.

Scop

ARTICLE 2 – (1) This Regulation applies to distance contracts.

(2) Provisions of this Regulation;

a)financial services,

b) Sales made through automatic machines,

c) Use of this phone with telecommunications operators via public telephone,

ç) Services related to betting, raffles, lotteries and similar games of chance,

d) Creation, transfer or acquisition of immovable properties or rights related to these properties,

e) residential rental,

f) package tours,

g) Timeshare, timeshare, long-term holiday service and their resale or exchange,

ğ) Delivering daily consumption items such as food and beverages to the consumer's home or workplace within the framework of the seller's regular deliveries,

h) 5 Passenger transportation services, provided that the obligation to provide information in subparagraphs (a), (b) and (d) of the first paragraph of the first article and the obligations in articles 18 and 19 are reserved.,

ı) Assembly, maintenance and repair of goods,

i) Social services to support families and individuals, such as nursing home services, child, elderly or patient care

It does not apply to contracts related to

Rest

ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Law on Consumer Protection No. 6502 dated 7/11/2013.

Definitions

ARTICLE 4 – (1) In the implementation of this Regulation;

a) Digital content: Any data presented in digital form such as computer programs, applications, games, music, videos and text.,

b) Service: The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit.,

c) Permanent data saver: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card and similar that allows the information sent or sent to the consumer to be recorded and copied without modification in a way that allows the consumer to review this information for a reasonable period of time in accordance with its purpose and allows this information to be accessed verbatim.,

ç) Law: Consumer Protection Law No. 6502,

d) Goods: Subject to purchase; movable goods, immovable properties for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar prepared for use in electronic environment.,

e) Distance contract: Contracts established by using remote communication tools between the parties up to and including the moment the contract is established, within the framework of a system created for the remote marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer.,

f) Provider: A natural or legal person, including public legal entities, who provides services to consumers for commercial or professional purposes or acts on behalf or on behalf of the service provider.,

g) Seller: A natural or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf or on behalf of the person who offers goods.,

ğ) Consumer: A natural or legal person acting for commercial or non-professional purposes.,

h) Remote communication tool: 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, text message, internet.,

ı) Side contract: A contract regarding goods or services provided to the consumer in addition to the goods or services subject to the contract by the seller, supplier or a third party in relation to a distance contract.

expresses.

CHAPTER TWO

Prior Information Obligation

Preliminary information

ARTICLE 5 – (1) The consumer must be informed by the seller or provider, including all of the following points, before establishing a distance contract or accepting any corresponding offer.

a) Basic characteristics of the goods or services subject to the contract,

b) Name or title of the seller or provider, MERSİS number, if any,

c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to quickly contact the seller or provider, and the identity and address of the person acting on behalf or on behalf of the seller or provider, if any,

ç) If the seller or provider has different contact information than those specified in paragraph (c) for the consumer to convey her complaints, information regarding thes,

d) The total price of the goods or service, including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all transportation, delivery and similar additional costs, if any, and information that additional costs may be paid if these cannot be calculated in advance.,

e) In cases where the fee for using the remote communication tool cannot be calculated based on the normal fee schedule during the establishment of the contract, the additional cost imposed on the consumers,

f) Information regarding payment, delivery, performance and related commitments, if any, and the seller's or provider's solution methods for complaints,

g) In cases where there is a right of withdrawal, information about the conditions, duration, procedure and carrier specified by the seller for the return of this right.,

ğ) Full address, fax number or e-mail information to which the withdrawal notification will be made,

h) In cases where the right of withdrawal cannot be exercised in accordance with Article 15, information regarding whether the consumer will not be able to benefit from the right of withdrawal or under what conditions she will lose her right of withdrawal,

ı) Deposits or other financial guarantees and related conditions that must be paid or provided by the consumer, if any, upon the request of the seller or provider,

i) Technical protection measures, if any, that may affect the functionality of digital contents,

j) Information about what hardware or software the digital content can work with that the seller or provider knows or can reasonably be expected to know.,

k) Information that consumers can make their applications regarding disputes to the Consumer Court or the Consumer Arbitration Committee.

(2) The information specified in the first paragraph is an integral part of the distance contract and this information cannot be changed unless the parties clearly agree otherwise.

(3) If the seller or provider does not fulfill the obligation to inform about the additional costs in paragraph (d) of the first paragraph, the consumer is not obliged to cover them.

(4) The total price in paragraph (d) of the first paragraph must include the total costs on the basis of each billing period in indefinite-term contracts or fixed-term subscription contracts.

(5) In contracts established through auction or auction, information about the auctioneer may be included instead of the information in subparagraphs (b), (c) and (d) of the first paragraph.

(6) The burden of proof regarding prior notification belongs to the seller or provider.

Preliminary information method

ARTICLE 6 – (1) The consumer must be informed by the seller or provider in writing or via a permanent data recorder, in an understandable language, in a clear, simple and readable manner, in at least twelve font size, in accordance with the remote communication tool used, on all matters specified in the first paragraph of Article 5.

(2) If the distance contract is established via the internet, the seller or provider;

a) Without prejudice to the information obligation in the first paragraph of Article 5, to clearly display the information in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole, just before the consumer becomes obliged to pay.,

b) To indicate clearly and understandably whether any shipping restrictions apply and which payment instruments are accepted, at the latest before the consumer places the order.

has to.

(3) If the distance contract is established through voice communication, the seller or provider is obliged to inform the consumer in a clear and understandable manner, immediately before placing an order, on the matters specified in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, and to send all of the information in the first paragraph of Article 5 in writing at the latest until the delivery of goods or performance of services.

(4) In case a distance contract is established through an environment where information regarding the order is presented in a limited area or time, the seller or provider is obliged to inform the consumer in a clear and understandable manner immediately before placing an order, on the matters specified in subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5, and to send all of the information in the first paragraph of Article 5 in writing at the latest until the delivery of goods or performance of services.

(5) In contracts regarding service sales that are established by the methods specified in the third and fourth paragraphs and are carried out instantly, it is sufficient for the consumer to be informed clearly and understandably only about the issues in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 in that environment, just before placing an order.

Confirmation of preliminary information

ARTICLE 7 – (1) The seller or provider must ensure that the consumer confirms that he/she has obtained preliminary information through the methods specified in Article 6, in accordance with the remote communication tool used. Otherwise, the contract is deemed not to have been established.

Other obligations regarding preliminary information

ARTICLE 8 – (1) The seller or provider must inform the consumer clearly and understandably that the order placed means payment obligation, just before the consumer confirms the order. Otherwise, the consumer is not bound by the order.

(2) If the consumer is called by the seller or provider for the purpose of establishing a distance contract, the seller or provider must disclose her identity at the beginning of each conversation, and if she is calling on behalf or on behalf of someone else, the identity of this person and the commercial purpose of the call.(dişil)

CHAPTER THREE

Exercise of the Right of Withdrawal and Obligations of the Parties

Right of withdrawal

ARTICLE 9 – (1) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.

(2) The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the consumer or a third party designated by the consumer receives the goods. However, the consumer may also exercise his right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.

(3) In determining the period of right of withdrawal;

a) For goods that are subject to a single order and delivered separately, the day on which the consumer or a third party designated by the consumer receives the last good.,

b)For goods consisting of more than one piece, the day on which the consumer or a third party designated by the consumer receives the last piece,

c)In contracts where regular delivery of goods is made for a certain period of time, the day when the consumer or the third party determined by the consumer receives the first goods

is based on.

(4) The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.

(5) In contracts where the delivery of goods and the performance of services are made together, the right of withdrawal provisions regarding the delivery of goods apply.

Incomplete information

ARTICLE 10 – (1) The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by a period of fourteen days to exercise his right of withdrawal. In any case, this period ends one year from the end of the withdrawal period.

(2) If the necessary notification regarding the right of withdrawal is made within a period of one year, the fourteen-day period of the right of withdrawal begins to run from the day on which this information is properly provided.

Exercise of the right of withdrawal

ARTICLE 11 – (1) It is sufficient to send the notification regarding the exercise of the right of withdrawal to the seller or provider in writing or via a permanent data storage device, before the right of withdrawal expires.

(2) In exercising the right of withdrawal, the consumer can use the form in the ANNEX or make a clear statement informing the decision of withdrawal. The seller or provider may also offer an option on the website for the consumer to fill out this form or send the declaration of withdrawal.  In case consumers are offered the right of withdrawal via the website, the seller or provider must immediately provide the consumer with confirmation information that they have received the withdrawal requests submitted by the consumers.

(3)In sales made via voice communication, the seller or provider must send the form in the APPENDIX to the consumer at the latest until the delivery of the goods or the performance of the service. The consumer can use this form to exercise his right of withdrawal in such sales, as well as the methods in the second paragraph.

(4) The burden of proof regarding the exercise of the right of withdrawal stated in this article belongs to the consumer.

Responsibilities of the seller or provider

ARTICLE 12 – (1) The seller or provider is obliged to return all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the consumer has exercised his right of withdrawal.

(2) The seller or provider must make all the refunds specified in the first paragraph at once, in accordance with the payment instrument used by the consumer when purchasing, and without incurring any costs or liabilities to the consumer

(3) In exercising the right of withdrawal, within the scope of clause (g) of the first paragraph of Article 5, if the goods are sent back through the carrier specified by the seller for return, the consumer cannot be held responsible for the expenses related to the return. If the seller does not specify any carrier for the return in the preliminary notification, no fee can be requested from the consumer for the return cost. If the carrier specified in the preliminary information for the return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods to be returned are collected from the consumer without demanding any additional costs.

Consumer obligations

ARTICLE 13 – (1) Unless the seller or supplier makes an offer that he/she will take back the goods, the consumer must send the goods back to the seller or supplier or the person authorized by him/her within ten days from the date of notification that he/she has exercised his/her right of withdrawal.

(2)The consumer is not responsible for any changes or deteriorations that occur if the consumer uses the product in accordance with its operation, technical specifications and usage instructions within the withdrawal period.

The effect of the use of the right of withdrawal on side contracts

ARTICLE 14 – (1) Provided that the provisions of Article 30 of the Law are reserved, side contracts will terminate automatically if the consumer exercises his right of withdrawal. In this case, the consumer is not obliged to pay any expenses, compensation or penalty except for the cases specified in the second paragraph of Article 13.

(2) The seller or provider must immediately notify the third party who is a party to the subsidiary contract that the consumer has exercised his or her right of withdrawal.

Exceptions to the right of withdrawal

ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts:

a) Contracts for 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 are perishable or may expire quickly.

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 offered in tangible form if the protective elements such as packaging, tape, seals and packages 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.

ğ) Contracts regarding services performed instantly electronically or intangible goods delivered instantly to the consumer.

h) Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.

CHAPTER FOUR

Other Provisions

Contract execution and delivery

ARTICLE 16 – (1) The seller or provider is obliged to fulfill his/her performance within the committed period from the date of receipt of the consumer's order. In case of goods sales, this period cannot exceed thirty days in any case.

(2) If the seller or provider does not fulfill its obligation in the first paragraph, the consumer may terminate the contract.

(3) In case of termination of the contract, the seller or provider must repay all collected payments, including delivery costs, if any, to the consumer within fourteen days from the date of notification of termination, together with the legal interest determined in accordance with Article 1 of the Law No. 3095 on Legal Interest and Default Interest dated 4/12/1984, and return all negotiable instruments and similar documents, if any, that put the consumer in debt.

(4) In cases where it becomes impossible to fulfill the goods or services subject to the order, the seller or provider is obliged to notify the consumer in writing or via a permanent data recorder within three days from the date of learning of this situation and to return all payments collected, including delivery costs, if any, within fourteen days from the date of notification at the latest. The fact that the goods are not in stock is not considered as impossibility of fulfillment of the goods.

liability for damage

ARTICLE 17 – (1) The seller is responsible for losses and damages that occur until the goods are delivered to the consumer or a third party determined by the consumer other than the carrier.

(2) If the consumer requests that the goods be sent by a carrier other than the carrier specified by the seller, the seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.

Phone usage fee

ARTICLE 18 – (1) If a telephone line is allocated by the seller or provider for consumers to communicate regarding the established contract, the seller or provider cannot choose a tariff higher than the usual fee tariff for this line.

additional payments

ARTICLE 19 – (1) Before the contract is concluded, it is mandatory to obtain the express consent of the consumer in order to request any additional fee other than the agreed upon basic price arising from the contractual obligation.

(2) If the consumer has made a payment because the options that create additional payment obligations have been automatically selected without the consumer's explicit consent, the seller or provider must immediately refund these payments.

Storage of information and burden of proof

ARTICLE 20 - (1) The seller or provider is obliged to keep information and documents regarding each transaction regarding the right of withdrawal, information, delivery and other obligations regulated under this Regulation for three years.

(2) Within the framework of the system they have created, those who mediate the establishment of distance contracts on behalf of the seller or provider by using or having people use remote communication tools are obliged to keep records regarding the transactions made with the seller or provider for three years due to the issues included in this Regulation and to provide this information to the relevant institutions, organizations and consumers if requested.

(3) The seller or provider is obliged to prove that the intangible goods delivered to the consumer electronically or the services performed are free of defects.

CHAPTER FIVE

Miscellaneous and Final Provisions

Repealed regulation

ARTICLE 21 – (1) The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 has been abolished.

Force

ARTICLE 22 – (1) This Regulation shall enter into force three months after its publication date.

Executive

ARTICLE 23 – (1) The provisions of this Regulation shall be enforced by the Minister of Customs and Trade.

 

 

ADDITIONAL

SAMPLE WITHDRAWAL FORM

 

(This form can only be filled in when you wish to exercise your right of withdrawal from the contract.

will be sent.)

 
-To who: (This section, which will be filled in by the seller or provider, will include the name, title, address, fax number and e-mail address of the seller or provider.)

 
-With this form, I declare that I exercise my right to withdraw from the contract regarding the sale of the following goods or provision of services.

-Order date or delivery date:

-Goods or services subject to the right of withdrawal:

-The cost of the goods or services subject to the right of withdrawal:

-Consumer's name and surname:

-Consumer's address:

-Consumer's signature: (Only if sent on paper)

-History: