Distance Sales Contract
REGULATION ON DISTANCE CONTRACTS
CHAPTER ONE
Purpose, Scope, Basis and Definitions
Purpose
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the procedures and principles for the implementation of distance contracts.
Scope
ARTICLE 2 – (1) This Regulation applies to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) The use of this humanity by telecommunication operators with public phones,
ç) Services related to betting, lottery, raffle and similar games of chance,
d) The formation, transfer or portability of immovable properties or rights related to these properties,
e) Housing rental,
f) Package tours,
g) Timeshare, holiday ownership, long-term holiday services and their resales or exchanges,
ğ) The delivery of daily consumables such as food and beverages to the consumer's residence or to restaurants within the framework of the seller's regular deliveries,
h) Passenger transportation services, subject to the information obligations in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the exceptions in Articles 18 and 19,
ı) Installation, maintenance and repair of goods,
i) Social services aimed at families and individuals such as nursing home services, child, elderly or patient care,
are not complied with regarding contracts.
Basis
ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Law on Consumer Protection dated 11.07.2013 and numbered 6502.
Definitions
ARTICLE 4 – (1) In this Regulation;
a) Digital content: Any data presented digitally, such as computer programs, applications, games, music, videos and texts,
b) Service: Any subject other than providing goods, which is performed or promised to be performed for a fee or benefit,
c) permanent data carrier: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card, which allows the consumer to record the information sent to them in a way that can be examined for a reasonable period of time in accordance with the purpose of this development and copied without alteration, and allows access to these features in the same way,
ç) Law: Law on Consumer Protection numbered 6502,
d) Goods: Subject to shopping; movable property, residential or holiday immovable properties, and any kind of intangible goods such as software, sound, images and similar designed for use in electronic environment,
e) Distance contract: Contracts formed between the seller or provider and the consumer without the simultaneous physical presence of the parties, within a system created for remote marketing of goods or services, including through the internet, until the moment the contract is concluded, and using remote communication means, including a typewriter,
f) Provider: A real or legal person who offers services or acts on behalf or account of the service provider, engaged in commercial or professional activities, including public legal entities,
g) Seller: A real or legal person who offers goods or acts on behalf or account of the goods provider, engaged in commercial or professional activities, including public persons,
ğ) Consumer: A real or individual person acting for commercial or non-commercial activities,
h) Remote communication tool: Any tool or medium such as letter, catalog, telephone, fax, radio, television, electronic mail message, text message, internet, which allows contracts to be concluded without physical presence,
ı) Ancillary contract: A contract related to goods or services provided in addition to the goods or services subject to the contract by the seller, provider or a third party, transmitted with a distance contract.
expresses.
CHAPTER TWO
Pre-Information Obligation
Pre-information
ARTICLE 5 – (1) Before the conclusion of a distance contract or the acceptance of any corresponding offer, the consumer must be informed by the seller or provider of all the following matters in a complete manner.
a) The main characteristics of the goods or services subject to the contract,
b) The name or description of the seller or provider, and their MERSİS number if applicable,
c) The full address, telephone number and other contact details of the seller or provider, allowing the consumer to quickly contact the seller or provider, and if applicable, the identity and address of the person acting on behalf or account of the seller or provider,
ç) If there are different contact details than those specified in subparagraph (c) for the consumer to convey complaints regarding the seller's or provider's manipulation, information about these,
d) The total price of the goods or services including all taxes, or the method of calculating the price if it cannot be calculated, all shipping, delivery and similar additional costs, if any, and information that additional costs may be payable if they cannot be calculated in advance,
e) The additional cost incurred by the person if the cost of using the remote communication tool during the contract formation stage is not calculated based on the normal tariff,
f) Information regarding payment, delivery, performance, and any related discrepancies, and methods of resolving problems related to sellers or providers, if any,
g) Information about the right of withdrawal, the conditions of its use, its period, procedure, and the warehouse to which the seller's return is envisaged,
ğ) The full address, fax number or e-mail address for the withdrawal notification,
h) Information on whether the right of withdrawal cannot be exercised, or which individuals cannot benefit from the right of withdrawal or suffer from the loss of withdrawal, as stipulated in Article 15,
ı) If requested by the seller or provider, any deposits or other financial guarantees that must be provided or obtained by the consumer, and the conditions related to them, if any,
i) If applicable, technical protection measures to be solved for digital content,
j) Information on which hardware or software the digital content can work with, which the seller or provider is aware of or can reasonably be expected to know,
k) Information that consumers can apply to the Consumer Court or Consumer Arbitration Committee regarding their dispute relations.
(2) The information specified in the first paragraph is part of the distance contract and cannot be changed unless the parties explicitly agree otherwise.
(3) If the seller or provider fails to fulfill the obligation to inform about the additional costs specified in subparagraph (d) of the first paragraph, they are not obliged to cover these costs.
(4) The total price specified in subparagraph (d) of the first paragraph must include a certain total cost for each billing period in indefinite-term contracts or contracts with specified periodic interruptions.
(5) In contracts concluded through auction or reverse auction, information about the auction provider may be used instead of the information in subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof regarding the provision of preliminary information rests with the seller or provider.
Pre-preparation method
ARTICLE 6 – (1) The consumer must be informed by the seller or provider of all the details specified in the first paragraph of Article 5, in a clear, plain and readable manner, in a language appropriate to the remote communication tool used, in at least two points, in writing or with a data carrier.
(2) If the distance contract is concluded over the internet, the seller or provider must:
a) Without prejudice to the information requirement in the first paragraph of Article 5, display the information in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole, clearly, immediately before the consumer's payment obligation is blocked,
b) Clearly and unequivocally state whether any shipping restrictions apply and which payment methods are accepted, at the latest before excluding the order transaction.
Critical.
(3) If the distance contract is concluded via communication, the seller or provider must inform the consumer clearly and understandably about the details in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, immediately before disrupting the voice order, and must provide all the information in the first paragraph of Article 5 at the latest until the time the goods are delivered or the service is performed.
(4) If the distance contract is provided through an environment where the information related to the order is presented in a limited area or time, the seller or provider must prepare the information in the details in subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5, clearly and in a usable manner, immediately before the order details are presented at room temperature, and complete all the information in the first paragraph of Article 5 at the latest until the goods are delivered or the service is performed.
(5) In contracts regarding the sale of services performed instantly and where information is limited as specified in the third and fourth paragraphs, it is sufficient to inform the consumer clearly and understandably about the details in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5, immediately before the order is disrupted.
Confirmation of preliminary information
ARTICLE 7 – (1) The seller or provider must ensure that the consumer confirms having received the preliminary information specified in Article 6, in a manner appropriate to the remote communication tool used. Otherwise, the contract is deemed not to have been concluded.
Notifications regarding preliminary information
ARTICLE 8 – (1) The seller or provider must clearly and understandably inform the consumer about the payment obligation of the given order, immediately before the certification approval. Otherwise, it is not related to toilet treatment.
(2) If the consumer is called by phone by the seller or provider for the purpose of concluding a distance contract, at the beginning of the conversation, the seller or provider must explain their services, and if calling on behalf or account of someone else, the work of that person and the commercial purpose of the call.
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 four days without stating any reason and without paying any penalty.
(2) The period for the right of withdrawal, in contracts relating to the performance of services, begins on the day the contracts are stored; in contracts relating to the delivery of goods, it begins when the consumer or a third party designated by the consumer acquires possession of the goods. However, the right of withdrawal can be exercised within the period from the conclusion of the contract until the delivery of the goods.
(3) In determining the information for the right of withdrawal;
a) In the case of goods subject to a single order but delivered separately, the day the consumer or a third party designated by the consumer acquires possession of the last goods,
b) In the case of goods consisting of multiple parts, the day the consumer or a third party designated by the consumer acquires possession of the last part,
c) In contracts for regular delivery of goods over a certain period, the day the consumer or a third party designated by the consumer acquires possession of the first goods,
is taken as a basis.
(4) The delivery of the goods by the seller to the carrier is not considered delivery to the consumer.
(5) In contracts where the delivery of goods and the performance of services occur together, the right of withdrawal related to the delivery of goods applies.
Incomplete rosary
ARTICLE 10 – (1) The seller or provider shall provide information regarding the right of withdrawal by proving that the information has been provided. If the consumer is not informed about the right of withdrawal, he/she is not bound by the four-day period to exercise the right of withdrawal. In any case, the withdrawal amount increases during this period and expires after one year.
(2) If the right of withdrawal is duly informed within one year, the fourteen-day right of withdrawal period shall start from the date on which this information was duly 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 expiry of the right of withdrawal period.
(2) The consumer may use the form in the ANNEX to exercise the right of withdrawal, or may make a clear statement indicating their decision to withdraw. The seller or provider may also offer an option on its website for the consumer to fill out this form or send their withdrawal statement. If the right of withdrawal is offered to consumers via the website, the seller or provider must immediately send confirmation to the consumer that their withdrawal requests have been received.
(3) In sales made through voice communication, the seller or provider must send the form in the ANNEX to the consumer at the latest until the delivery of the goods or the performance of the service. In such sales, the consumer may use this form to exercise their right of withdrawal, or may also use the methods in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the consumer.
Obligations 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 on which the notification regarding the consumer's exercise of the right of withdrawal reaches them.
(2) The seller or provider is obliged to make all refunds specified in the first paragraph in a single payment, in a way that is compatible with the payment instrument used by the consumer during purchase and without incurring any additional costs or obligations to the consumer.
(3) In the exercise of the right of withdrawal, within the scope of subparagraph (g) of the first paragraph of Article 5, if the goods are returned through the carrier specified by the seller for return, the consumer cannot be held responsible for the return costs. In cases where the seller has not specified any carrier for return in the preliminary information, no fee for return costs can be demanded from the consumer. In cases where the carrier specified in the preliminary information for 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's obligations
ARTICLE 13 – (1) Unless the seller or provider makes an offer to take back the goods themselves, the consumer must send the goods back to the seller or provider, or to the person authorized by them, within ten days from the date on which the notification regarding the exercise of the right of withdrawal is sent.
(2) The consumer is not responsible for changes and deteriorations that occur if the goods are used in accordance with their operation, technical specifications, and usage instructions during the withdrawal period.
Effect of the exercise of the right of withdrawal on ancillary contracts
ARTICLE 14 – (1) Subject to the provisions of Article 30 of the Law, if the consumer exercises the right of withdrawal, ancillary contracts also automatically terminate. In this case, the consumer is not obliged to pay any expenses, compensation, or penalty clause, 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 ancillary contract that the consumer has exercised the right of withdrawal.
Exceptions to the right of withdrawal
ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts related to goods or services whose price varies depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts related to goods prepared in line with the consumer's wishes or personal needs.
c) Contracts related to the delivery of perishable goods or goods whose expiry date may pass.
ç) Contracts related to the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
d) Contracts related to goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts related to books, digital content, and computer consumables presented in a tangible medium if their protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts related to the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
g) Contracts related to accommodation, freight transport, car rental, food and beverage supply, and leisure activities made for entertainment or rest, which must be made on a specific date or period.
ğ) Contracts related to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts related to services started with the consumer's approval before the expiry of the right of withdrawal period.
FOURTH SECTION
Other Provisions
Performance of the contract and delivery
ARTICLE 16 – (1) The seller or provider must fulfill their obligation within the promised period from the date the consumer's order reaches them. In sales of goods, this period cannot exceed thirty days in any case.
(2) In the event that the seller or provider fails to fulfill the obligation specified in the first paragraph, the consumer may terminate the contract.
(3) In case of contract termination, the seller or provider is obliged to refund all collected payments, including delivery costs if any, together with legal interest determined according to Article 1 of the Law on Legal Interest and Default Interest dated 4/12/1984 and numbered 3095, within fourteen days from the date the termination notification reaches them, and to return all valuable papers and similar documents that put the consumer into debt, if any.
(4) In cases where the performance of the goods or services subject to the order becomes impossible, the seller or provider must notify the consumer in writing or via a permanent data storage device within three days from the date they learn of this situation, and must refund all collected payments, including delivery costs if any, within fourteen days at the latest from the date of notification. The unavailability of the goods in stock is not considered as the impossibility of performing the goods.
Liability for damage
ARTICLE 17 – (1) The seller is responsible for loss and damage occurring until the delivery of the goods to the consumer or a third party designated by the consumer other than the carrier.
(2) If the consumer requests the goods to be sent with a carrier other than the one specified by the seller, the seller is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.
Telephone 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 tariff for this line.
Additional payments
ARTICLE 19 – (1) Before the contract is concluded, the explicit consent of the consumer must be obtained separately for any additional fee to be requested other than the agreed basic price arising from the contractual obligation.
(2) If the consumer has made a payment due to options that automatically create an additional payment obligation without obtaining the consumer's explicit consent, the seller or provider must immediately refund these payments.
Retention of information and burden of proof
ARTICLE 20 - (1) The seller or provider must keep information and documents regarding each transaction related to their obligations regarding the right of withdrawal, information, delivery, and other matters regulated under this Regulation for three years.
(2) Those who mediate the establishment of a distance contract on behalf of the seller or provider by using or having used remote communication tools within the framework of the system they have established are obliged to keep records of transactions made with the seller or provider regarding the matters included in this Regulation for three years and to provide this information to relevant institutions, organizations, and consumers if requested.
(3) The seller or provider is obliged to prove that intangible goods delivered or services performed to the consumer in electronic environment are free from defects.
CHAPTER FIVE
Miscellaneous and Final Provisions
Repealed regulation
ARTICLE 21 – (1) The Regulation on Distance Contracts published in the Official Gazette dated 3/6/2011 and numbered 27866 has been repealed.
Enforcement
ARTICLE 22 – (1) This Regulation enters into force for individuals three months later.
Execution
ARTICLE 23 – (1) The provisions of this Regulation shall be executed by the Minister of Customs and Trade.
APPENDIX
SAMPLE WITHDRAWAL FORM
(This form should only be filled out and sent when the right of withdrawal is exercised)
will be sent.)
-To: (This section, to be filled by the seller or provider, will contain the name, title, address, fax number if any, and e-mail address of the seller or provider.)
-I hereby declare that I am exercising my right of withdrawal from the contract regarding the sale of the goods or changes in the work mentioned below.
-Order date or delivery date:
-Goods or service subject to the right of withdrawal:
-Price of the goods or service subject to the right of withdrawal:
-Consumer's name and surname:
-Consumer's address:
-Consumer's signature: (only if on paper)
-Date:
