From the Ministry of Customs and Trade:
DISTANCE CONTRACTS REGULATION
FIRST PART
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.
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) Use of this phone with telecommunication operators via public telephone,
d) 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) Housing rental,
f) Package tours,
g) Timeshare, timeshare, long-term holiday service and their resale or exchange,
g) Delivering daily consumption items such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries,
h) Passenger transportation services, provided that the obligation to provide information in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations in Articles 18 and 19 are reserved,
i) 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: All kinds of 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 storage: SMS, e-mail, internet, disk, CD, DVD, which allows the information sent or sent to the consumer to be recorded and copied without modification in a way that allows the information to be examined for a reasonable period of time in accordance with its purpose and allows this information to be accessed verbatim. memory card and any similar device or media,
ç) Law: Law on Consumer Protection 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 who provides services to consumers for commercial or professional purposes, including public legal entities, or who acts on behalf or on behalf of the service provider,
g) Seller: A natural or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or who acts on behalf or on behalf of the person who offers goods,
g) 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, catalogue, telephone, fax, radio, television, e-mail message, text message, internet, etc.
i) 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.
SECOND PART
Prior Information Obligation
Preliminary information
ARTICLE 5 – (1) The consumer must be informed by the seller or provider, including all of the following issues, 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 his complaints, 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 information that additional costs may be paid if these cannot be calculated in advance,
e) Additional cost imposed on consumers 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,
f) Information regarding payment, delivery, performance and commitments regarding these, if any, and the seller's or provider's solution methods for complaints,
g) In cases where there is a right of withdrawal, information regarding the conditions, duration, procedure and carrier specified by the seller for the use of this right,
g) 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 he will lose his right of withdrawal,
i) Upon the request of the seller or provider, deposits or other financial guarantees and related conditions, if any, to be paid or provided by the consumer,
i) Technical protection measures, if any, that may affect the functionality of digital contents,
j) Information regarding which hardware or software the digital content can work with, which the seller or provider knows or is reasonably expected to know,
k) Information that consumers can file their disputes with 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 subparagraph (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 the provision of preliminary information belongs to the seller or provider.
Preliminary information method
ARTICLE 6 – (1) The consumer, on all matters specified in the first paragraph of Article 5, shall be informed in writing or in permanent data by the seller or provider in an understandable language, in an understandable language, in a size of at least twelve points, in accordance with the remote communication tool used. The custodian must be informed.
(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, the information in subparagraphs (a), (d), (g) and (h) of the same paragraph shall be clearly disclosed as a whole, just before the consumer becomes obliged to pay. also show,
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) In case the distance contract is established through voice communication, the seller or provider shall inform the consumer clearly and understandably about the issues in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, just before placing the order. It is obliged to inform in the relevant environment and send all 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 shall comply with the provisions of paragraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5. On these matters, it is obliged to inform the consumer in a clear and understandable manner in the said environment immediately before placing an order 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, the consumer must comply with the information only in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 in the said environment immediately before placing an order. It is sufficient to be informed about the issues in a clear and understandable manner.
Confirmation of preliminary information
ARTICLE 7 – (1) The seller or provider is obliged to 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 in a clear and understandable manner, just before the consumer confirms the order, that the order placed means payment obligation. 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 his identity at the beginning of each conversation, and if he is calling on behalf or on behalf of someone else, the identity of this person and the commercial purpose of the call.
THIRD PART
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 is established in contracts related to the performance of services; In contracts regarding the delivery of goods, it starts on the day the consumer or the third party designated by the consumer receives the goods. However, the consumer can 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 when the consumer or the third party designated by the consumer receives the last good,
b) In case of goods consisting of more than one piece, the day when the consumer or the 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 taken as basis.
(4) 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 provisions of the right of withdrawal regarding the delivery of goods shall 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 right of withdrawal is duly informed within a period of one year, the fourteen-day period of the right of withdrawal begins to count from the day on which this notification is duly made.
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 may use the form in the ANNEX or make a clear statement informing his/her 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 a declaration of withdrawal. In case consumers are offered the right of withdrawal via the website, the seller or provider must immediately convey to the consumer 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 or the methods in the second paragraph to exercise his right of withdrawal in such sales.
(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 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 subparagraph (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 provider or the person authorized by him/her within ten days from the date of notification of exercising the 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.
Effect of exercising 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 the right of withdrawal in the following contracts:
a) Contracts regarding 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 can quickly deteriorate or expire.
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 presented in tangible form, provided that the protective elements such as packaging, tape, seal and package 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.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services whose performance started 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 shall pay all collected payments, including delivery costs, if any, to the consumer within fourteen days from the date of receipt of the termination notice, pursuant to Article 1 of the Law No. 3095 on Legal Interest and Default Interest dated 4/12/1984. It is obliged to repay it together with the legal interest determined in accordance with Article 1 and to 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 must notify the consumer in writing or via a permanent data recorder within three days from the date of learning of this situation and all payments collected, including delivery costs, if any, as of the notification date. It must be returned within fourteen days. The fact that the goods are not in stock is not considered to be impossible to fulfill the goods supply.
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 normal fee tariff for this line.
additional payments
ARTICLE 19 – (1) Before the contract is concluded, it is mandatory to obtain the explicit 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 due to the spontaneous selection of options that create additional payment obligations 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 within the scope of 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 remote communication tools or having them used, shall keep the records regarding the transactions made with the seller or provider due to the matters included in this Regulation for three years and, if requested, transfer this information to the relevant institution. is obliged to provide to the organization and consumers.
(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: (This section to 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 of withdrawal 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 price 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: