DISTANCE CONTRACTS REGULATION
FIRST PART
Purpose, Scope, Basis and Definitions
Goal
ARTICLE 1 - (1) The purpose of this Regulation is to
regulate the application procedures and principles regarding distance
contracts.
Scope
ARTICLE 2 - (1) This Regulation is applicable to distance
contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this phone with telecommunication operators via
public phone,
ç) Services related to betting, raffles, lottery and similar
games of chance,
d) Establishment, transfer or acquisition of immovable
property or rights related to these properties,
e) Housing rental,
f) Package tours,
g) Timeshare vacation, long-term vacation service and their
resale or exchange,
ğ) Delivery of daily consumption items such as food and
beverages to the consumer's residence or workplace within the framework of the
regular deliveries of the seller,
h) Passenger transport services, provided that the
obligations of providing information in sub-paragraphs (a), (b) and (d) of the
first paragraph of Article 5 are reserved and the obligations contained in
articles 18 and 19 are reserved,
ı) Installation, maintenance and repair of goods,
i) Social services to support families and individuals such
as nursing home services, child, elderly or patient care
does not apply to contracts related to.
Rest
ARTICLE 3 - (1) This Regulation has been prepared on the
basis of Articles 48 and 84 of the Law on Consumer Protection dated 7/11/2013
and numbered 6502.
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 committed or undertaken in return for a fee or
benefit,
c) Permanent data storage: Short message, e-mail, internet,
disk, CD, DVD, which enables the information sent or sent to the consumer to be
recorded and copied without modification for a reasonable period of time in
accordance with the purpose of this information. memory card and any other
similar device or medium,
ç) Law: Law No. 6502 on Consumer Protection,
d) Goods: Subject to shopping; movable property, residential
or holiday immovable properties and software, sound, image and all similar
intangible goods prepared for use in electronic media,
e) Distance contract: Contracts established between the
parties by using remote communication tools, including the moment of conclusion
of the contract, within the framework of a system established for the remote
marketing of goods or services, without the simultaneous physical presence of
the seller or supplier and the consumer,
f) Provider: A real or legal person who provides services to
the consumer for commercial or professional purposes, including public legal
entities, or acts on behalf or account of the service provider,
g) Seller: A real or legal person who offers goods to the
consumer for commercial or professional purposes, including public legal
entities, or acts on behalf or account of the person offering the goods,
ğ) Consumer: Real 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,
catalog, telephone, fax, radio, television, electronic mail message, short
message, internet
ı) Ancillary contract: It refers to the contract regarding
the 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.
SECOND PART
Prior Information Obligation
ARTICLE 5 - (1) The consumer must be informed by the seller
or the provider before the establishment of the distance contract or accepting
any corresponding offer, including all of the following.
a) The 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, phone number and similar contact
information of the seller or provider, which allows the consumer to contact the
seller or the provider quickly, and the identity and address of the seller or
provider acting on behalf or account, if any,
ç) If the seller or the supplier has contact information
different from those specified in clause (c) in order to convey the consumer's
complaints, the information regarding these,
d) The total price of the goods or services 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 the information that additional costs may be paid if these
cannot be calculated in advance,
f) Information on payment, delivery, performance and
commitments, if any, and solution methods for the complaints of the seller or
supplier,
g) In cases where there is a right of withdrawal,
information about the conditions, period, procedure and the carrier foreseen by
the seller for the return of this right,
ğ) Open address, fax number or e-mail information where the
withdrawal notification will be made,
h) In cases where the right of withdrawal cannot be
exercised pursuant to Article 15, information regarding the inability of the
consumer to benefit from the right of withdrawal or under which conditions the
right to withdraw,
ı) At the request of the seller or the provider, the
deposits or other financial guarantees that must be paid or provided by the
consumer, if any, and the conditions related thereto,
i) Technical protection measures, if any, that may affect
the functionality of digital content,
j) Information on which hardware or software the digital
content can work with, which the vendor or provider knows or is expected to
know reasonably,
k) Information that consumers can submit their applications
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 explicitly agree otherwise.
(3) If the seller or the supplier does not fulfill the
obligation to inform the additional expenses in subparagraph (d) of the first
paragraph, the consumer is not obliged to cover them.
(4) The total price in subparagraph (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 the contracts established by auction or auction, the
information about the auctioneer may be included in place of the information in
subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof regarding the preliminary
notification belongs to the seller or the supplier.
Pre-notification method
ARTICLE 6 - (1) The consumer, in all matters specified in
the first paragraph of Article 5, in accordance with the distance communication
tool used, at least twelve points in size, in an understandable language, in a
clear, simple and readable manner by the seller or the supplier in writing or
in permanent data. must be informed with the custodian.
(2) If the distance contract is established via the
internet, the seller or the provider;
a) Without prejudice to the obligation to inform in the
first paragraph of Article 5, the information in subparagraphs (a), (d), (g)
and (h) of the same paragraph as a whole, immediately before the consumer is
under the obligation to pay. also show,
b) Whether any shipping restrictions apply and which payment
methods are accepted, at the latest before the consumer places his order, must
clearly and understandably indicate.
(3) In the event that the distance contract is established
through audio communication, the seller or the supplier must speak clearly and
understandably about the issues in subparagraphs (a), (d), (g) and (h) of the
first paragraph of Article 5, immediately before placing an order. to inform
the subject in the environment and send all of the information in the first
paragraph of Article 5 in writing at the latest until the delivery of the goods
or the performance of the service.
(4) In the event that a distance contract is established
through an environment where the information regarding the order is presented
in a limited space or time, the seller or the supplier is in the subparagraphs
(a), (b), (d), (g) and (h) of the first paragraph of Article 5 In these
matters, it is obliged to inform the consumer in a clear and understandable way
immediately before placing an order and to send all of the information in the
first paragraph of Article 5 in writing until the delivery of the goods or
service.
(5) In the contracts regarding the service sales established
by the methods specified in the third and fourth paragraphs and performed
immediately, the consumer is only included in the subparagraphs (a), (b), (d)
and (h) of the first paragraph of Article 5 in the said environment just before
placing an order. It is sufficient to be informed clearly and comprehensibly
about the field issues.
Confirmation of preliminary information
ARTICLE 7 - (1) The seller or the supplier must ensure that
the consumer confirms that he / she has obtained the preliminary information
through the methods specified in Article 6 in accordance with the remote
communication tool used. Otherwise, the contract is deemed not established.
Other obligations regarding preliminary information
ARTICLE 8 - (1) The seller or the provider must inform the
consumer clearly and understandably that the order is an obligation to pay,
just before the consumer approves the order. Otherwise, it is not connected
with the consumer order.
(2) In the event that the consumer is called by the seller
or provider by phone for the purpose of establishing a distance contract, the
seller or provider should explain the identity of the seller or provider at the
beginning of each call, if he is calling on behalf or account of another
person, and the commercial purpose of the conversation.
THIRD PART
Use 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 any justification and without penal
clause.
(2) The period of right of withdrawal is the day the
contract is established in contracts regarding service performance; In the
contracts for the delivery of goods, it starts on the day the consumer or the
third party determined by the consumer receives the goods. However, the
consumer can also use 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 the consumer or the third party designated by the
consumer receives the last good,
b) For goods consisting of more than one piece, the day when
the consumer or the third party determined by the consumer receives the last
part,
c) In contracts where the goods are delivered regularly for
a certain period of time, the day the consumer or the third party designated by
the consumer receives the first goods is taken as basis.
(4) Delivery of the goods to the carrier by the seller is
not considered as delivery to the consumer.
(5) In the contracts where the delivery of goods and the
performance of services are made together, the provisions of the right of
withdrawal regarding the delivery of goods are applied.
Missing information
ARTICLE 10 - (1) The seller or the 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 for a period of fourteen days to exercise his right of withdrawal. In any
case, this period expires one year after the withdrawal period expires.
(2) In the event that the necessary notification of the
right of withdrawal is made within a period of one year, the fourteen-day right
of withdrawal period starts from the day this notification is made duly.
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 with a permanent data storage, before the right of withdrawal
expires.
(2) In exercising the right of withdrawal, the consumer can
use the form in the ANNEX or make an open statement stating the decision of
withdrawal. The seller or the provider may also offer an option on the website
so that the consumer can fill out this form or send the withdrawal declaration.
In the event that consumers are provided with the right of withdrawal through
the website, the seller or provider must immediately convey the confirmation
information that the withdrawal requests submitted by the consumers have
reached them.
(3) For sales made through audio communication, the seller
or the supplier must send the form in the ANNEX to the consumer until the
delivery of the goods or service. The consumer can also use this form to use
the right of withdrawal in such sales, as well as the methods in the second
paragraph.
(4) The burden of proof regarding the use of the right of
withdrawal mentioned in this article belongs to the consumer.
The obligations of the seller or provider
ARTICLE 12 - (1) The seller or the provider is obliged to
return all the payments collected, including the delivery costs of the goods to
the consumer, within fourteen days from the date of receipt of the notification
that the consumer has exercised his right of withdrawal.
(2) The seller or the provider must make all the refunds
specified in the first paragraph in one go, in accordance with the payment
instrument used by the consumer and without incurring any expense or liability
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 via the carrier specified by the seller for return, the consumer
cannot be held responsible for the costs related to the return. If the seller
does not specify any carrier for the return in the preliminary information, no
fee is charged from the consumer for the return cost. If the carrier specified
in the preliminary information for the return does not have a branch at the
location of the consumer, the seller is obliged to ensure that the goods to be
returned are received from the consumer without any additional costs.
Consumer's obligations
ARTICLE 13 - (1) Unless the seller or the supplier makes an
offer to take back the goods, the consumer must return the goods to the seller
or the supplier or the person he has authorized within ten days from the date
of the notification that he has exercised his right to withdraw.
(2) The consumer is not responsible for the changes and
deteriorations that occur if the product is used in accordance with its
functioning, technical specifications and usage instructions during the
withdrawal period.
The effect of the use of the right of withdrawal on
ancillary contracts
ARTICLE 14 - (1) Without prejudice to the provisions of
Article 30 of the Law, ancillary contracts will automatically terminate if the
consumer exercises his right of withdrawal. In this case, the consumer is not
obliged to pay any expense, compensation or penalty except for the cases
specified in the second paragraph of Article 13.
(2) The seller or the provider must immediately notify the
third party that is the party of the side contract that the consumer has
exercised his right of withdrawal.
Exceptions to the right of withdrawal
ARTICLE 15 - (1) Unless otherwise agreed by the parties, the
consumer cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary
depending on fluctuations in financial markets and are not under the control of
the seller or supplier.
b) Contracts for goods prepared in line with the consumer's
wishes or personal needs.
c) Contracts for the delivery of perishable or expired
goods.
ç) Of the goods whose protective elements such as packaging,
tape, seal, package have been opened after delivery; Contracts for the delivery
of those whose return is not suitable for health and hygiene.
d) Contracts for goods that are mixed with other products
after delivery and cannot be separated by their nature.
e) Contracts for books, digital content and computer
consumables provided in the material environment if the protective elements
such as packaging, tape, seal, package are opened after the delivery of the
goods.
f) Contracts for the delivery of periodicals such as
newspapers and magazines, other than those provided under the subscription
agreement.
g) Contracts for the use of leisure time for accommodation,
moving furniture, car rental, food and beverage supply and entertainment or
recreation, which must be done on a specific date or period.
ğ) Contracts for services performed instantly in electronic
environment or for intangible goods delivered immediately to the consumer.
h) Contracts regarding the services started with the
approval of the consumer before the right of withdrawal expires.
CHAPTER FOUR
Other Provisions
Execution of the contract and delivery
ARTICLE 16 - (1) The seller or the supplier has to fulfill
its action within the period committed by the consumer from the date of receipt
of the order. In the sale of goods, this period cannot exceed thirty days in
any case.
(2) In the event that the seller or the provider does not
fulfill its obligation in the first paragraph, the consumer may terminate the
contract.
(3) In the event of the termination of the contract, the
seller or the supplier, within fourteen days from the date of receipt of the
notification of termination of all the collected payments, including delivery
costs, if any, to the consumer within fourteen days of the Law No. 3095 on
Legal Interest and Default Interest, dated 4/12/1984. It is obliged to pay it
back together with the legal interest determined in accordance with Article 1
and return all negotiable documents and similar documents, if any, that put the
consumer under debt.
(4) In cases where the fulfillment of the goods or services
subject to the order becomes impossible, the seller or the provider notifies
the consumer in writing or with a permanent data storage within three days from
the date of learning of this situation and all payments collected, including
delivery costs, if any, are It must be returned within fourteen days later. If
the product is out of stock, it is not accepted as impossible to fulfill the
goods act.
Liability for damage
ARTICLE 17 - (1) The seller is responsible for the 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) In the event that the consumer requests the goods to be
sent with a carrier other than the carrier designated by the seller, the seller
is not responsible for the loss or damage that may occur from the delivery of
the goods to the relevant carrier.
Phone usage fee
ARTICLE 18 - (1) In the event that a telephone line is
allocated by the seller or provider for the consumers to communicate with
regard to the contract established, the seller or the provider cannot choose a
tariff higher than the usual tariff for this line.
Additional payments
ARTICLE 19 - (1) Before the contract is established, it is
obligatory to obtain the explicit consent of the consumer in order to be able
to demand any additional fee arising from the contractual obligation other than
the agreed basic amount.
(2) If the consumer has made a payment due to the fact that
the options that create additional payment obligations are offered
automatically without the explicit consent of the consumer, the seller or the
provider must make the refund of these payments immediately.
Storage of information and burden of proof
ARTICLE 20 - (1) The seller or the supplier is obliged to
keep the information and documents regarding each transaction regarding the
right of withdrawal, information, delivery and other obligations regulated
within the scope of 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 making use of remote
communication tools within the framework of the system they have created, to
keep the records regarding the transactions made with the seller or the
supplier for three years due to the matters contained in this Regulation and,
if requested, the relevant institution, to the establishment and consumers.
(3) The seller or the provider is obliged to prove that the
intangible goods delivered to the consumer in electronic environment or the
services performed are free of defects.
FIFTH SECTION
Miscellaneous and Final Provisions
The abolished regulation
ARTICLE 21 - (1) The Regulation on Distance Contracts
published in the Official Gazette dated 6/3/2011 and numbered 27866 has been
repealed.
Force
ARTICLE 22 - (1) This Regulation enters into force three
months after its publication.
Executive
ARTICLE 23 - (1) The provisions of this Regulation are
executed by the Minister of Customs and Trade.
ADDITIONAL
SAMPLE WITHDRAWAL FORM
(This form will be filled and sent only when the right to
withdraw from the contract is requested.)
-To: (The name, title, address, fax number and e-mail
address of the seller or provider will be included in this section, which will
be filled by the seller or supplier.)
- With this form, I declare that I use my right to withdraw
from the contract for the sale of the following goods or the provision of
services.
-Order date or delivery date:
- Goods or services subject to the right of withdrawal:
The price of the goods or services subject to the right of
withdrawal:
Consumer's name and surname:
Consumer's address:
-Signature of the consumer: (Only if it is sent on paper)
-Date: