DISTANCE CONTRACTS REGULATION
Purpose, Scope, Basis and Definitions
ARTICLE 1 - (1) The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.
ARTICLE 2 - (1) This Regulation shall apply to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made by automatic machines,
c) Use of this telephone with telecommunication operators through public telephone,
ç) Services related to betting, drawing, lottery and similar games of chance,
d) Formation, transfer or acquisition of immovable property or rights related to such property,
e) Housing rental,
f) Package tours,
g) Time-share, period-holiday, long-term holiday service and resale or exchange thereof,
ğ) Delivery of daily consumables, such as food and beverages, to the consumer's residence or workplace within the regular delivery of the seller,
h) Passenger transportation services provided that the obligation to provide information in paragraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations stipulated in Articles 18 and 19,
ı) Installation, maintenance and repair of goods,
i) Nursing care services, social services to support families and persons such as child, elderly or patient care
does not apply to the relevant contracts.
ARTICLE 3 - (1) This Regulation has been prepared on the basis of Articles 48 and 84 of the Consumer Protection Law dated 7/11/2013 and numbered 6502.
ARTICLE 4 - (1) In the implementation of this Regulation;
a) Digital content: Any data presented digitally, such as computer programs, applications, games, music, video and text,
b) Service: The subject of any consumer transaction other than providing goods for a fee or interest or committed to be performed,
c) Permanent data store: Short message, electronic mail, internet, disk, CD, DVD, which enables the consumer to save and copy the information sent or sent to him / her in a manner that allows for a reasonable period of time to be examined and changed without any change. memory card and similar media,
ç) Law: Consumer Protection Law No. 6502,
d) Goods: Subject to shopping; movable goods, residential or holiday immovable property and software, audio, video and similar intangible goods prepared for electronic use,
e) Distance contract: Contracts established by the use of remote communication means between the parties, including the moment and when the contract is established, within the framework of a system established for the remote marketing of goods or services without the simultaneous physical presence of the seller or the supplier,
f) Provider: Real or legal person, including public legal entities, providing services to the consumer for commercial or professional purposes or acting on behalf or account 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 account of the supplier,
ğ) Consumer: A natural or legal person acting for commercial or non-professional purposes,
h) Remote communication means: Any means or environment that allows the establishment of contracts without physical confrontation such as letters, catalogs, telephone, fax, radio, television, electronic mail message, short message and internet,
ı) Sub-contract: The contract relating to the goods or services provided to the consumer in addition to the goods or services contracted by the seller, provider or a third party in relation to a distance contract.
Obligation to Inform
ARTICLE 5 - (1) Before the establishment of a distance contract or acceptance of any corresponding offer, the consumer shall be informed by the seller or the provider, including all of the following:
a) Basic characteristics of the goods or services subject to the contract,
b) Name or title of the vendor or provider, MERSIS number, if any,
c) the full address, telephone number, and similar contact information of the seller or provider, which allows the consumer to contact the seller or provider quickly, and the identity and address of the actor on behalf or account of the seller or provider, if any,
ç) If the seller or provider has contact information other than those specified in sub-paragraph (c) for the communication of the consumer's complaints, the relevant information thereof,
d) the total price of the goods or services, including all taxes, if the nature of the price cannot be calculated in advance, the method of calculating the price, all shipping, delivery and similar additional charges, if any, and the additional costs that may be paid if these cannot be calculated in advance,
e) Additional costs incurred to consumers in cases where the cost of use of the remote communication device cannot be calculated on the regular fee schedule during the establishment of the contract,
f) Information on payment, delivery, performance, if any, commitments thereof and methods of settlement of complaints by seller or provider,
g) In cases where there is a right of withdrawal, the information regarding the conditions, duration, procedure and the carrier that the seller provides for the return of this right,
ğ) Full address, fax number or e-mail information to which notification of withdrawal will be made,
h) In cases where the right of withdrawal cannot be exercised in accordance with Article 15, information on the consumer's right to withdraw or under which conditions he will lose his right of withdrawal,
ı) Deposits or other financial collaterals to be paid or provided by the consumer, if any, upon the request of the seller or provider, and the related conditions,
i) Technical protection measures that may affect the functionality of the digital content, if any,
j) Information on which hardware or software the digital content may work with, which the vendor or provider knows or is reasonably expected to know,
k) Information that consumers can apply to the Consumer Court or the Consumer Arbitration Committee for dispute.
(2) The information referred to in paragraph 1 is an integral part of the contract and cannot be changed unless the parties expressly agree otherwise.
(3) If the seller or provider does not fulfill the obligation to inform about the additional costs referred to in paragraph (d) of the first paragraph, the consumer is not obliged to cover them.
(4) The total price referred to in paragraph (d) of the first paragraph shall be included in the total costs for each invoicing period in fixed term contracts or fixed term contracts.
(5) In the contracts established through auction or subtraction, the information related to the auction may be replaced by the information contained in paragraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof of prior notification is borne by the seller or provider.
Preliminary information method
ARTICLE 6 - (1) Consumer, in all matters mentioned in the first paragraph of Article 5, in accordance with the remote communication means used in at least twelve-point size, in an understandable language, in a clear, simple and readable way by the seller or provider in writing or permanent data registrar.
(2) If the distance contract is established via the Internet, the seller or provider;
a) Without prejudice to the information obligation referred to in the first paragraph of Article 5, the information contained in sub-paragraphs (a), (d), (g) and (h) of the same paragraph as a whole, shall be clearly stated immediately before the consumer enters into payment obligation. Also show,
b) Clearly and clearly state whether any shipping restrictions apply and which means of payment are accepted before placing the consumer order at the latest
It is difficult.
(3) In case the distance contract is established by voice communication, the seller or provider shall expressly and clearly understand the consumer in the matters mentioned in paragraphs (a), (d), (g) and (h) of the first paragraph of Article 5 immediately before ordering the consumer. and send all the information contained in the first paragraph of Article 5 in writing at the latest until delivery of goods or performance of services.
(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 provider shall be required to present the provisions of paragraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5. In such matters, the consumer shall inform the consumer in a clear and understandable manner immediately before ordering and send all the information contained in the first paragraph of Article 5 in writing until the delivery of the goods or the performance of the service.
(5) In the agreements regarding the sale of services which are established by the methods stated in the third and fourth paragraphs and executed immediately, the consumer shall be included in the said paragraphs only in paragraphs (a), (b), (d) and (h) of the first paragraph of the article information on the issues in a clear and understandable manner is sufficient.
Confirmation of preliminary information
ARTICLE 7 - (1) The seller or provider shall ensure that the consumer confirms that he has obtained the preliminary information by the methods specified in Article 6 in accordance with the remote communication medium used. Otherwise, the contract is deemed not established.
Other obligations for preliminary information
ARTICLE 8 - (1) Immediately before the consumer confirms the order, the seller or provider shall inform the consumer clearly and clearly that the order placed means payment obligation. Otherwise it is not affiliated with the consumer order.
(2) For the purpose of establishing a distance contract,
Use of Right of Withdrawal and Obligations of 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 penalty.
(2) The period of right of withdrawal is the date on which the contract is established in the contracts relating to the performance of services; In the contract for the delivery of goods, the consumer or the third party designated by the consumer begins on the day the goods are delivered. However, the consumer may use the right of withdrawal from the establishment of the contract to the delivery of the goods.
(3) In the determination of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day on which the consumer or the third party designated by the consumer receives the final goods,
b) For goods consisting of more than one part, the day when the consumer or the third party designated by the consumer receives the last part,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or third party designated by the consumer receives the first goods
(4) Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
(5) The provisions of the right of withdrawal regarding the delivery of goods shall be applied in the contracts where the delivery of goods and the performance of services are concluded together.
ARTICLE 10 - (1) The seller or provider is obliged to prove that the consumer is informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound for fourteen days to exercise his right of withdrawal. In any case, this period ends one year from the date of withdrawal.
(2) In the event that the notification of the right of withdrawal is made within a period of one year, the period of right of withdrawal for fourteen days shall commence on the date of such notification.
Exercise of the right of withdrawal
ARTICLE 11 - (1) It is sufficient for the notification of the right of withdrawal to be sent to the seller or provider before the expiration of the right of withdrawal, in writing or with a permanent data store.
(2) In the exercise of the right of withdrawal, the consumer may use the form provided in the ANNEX or make a clear statement informing the withdrawal decision. The seller or provider may also offer an option on the website to allow the consumer to complete this form or submit a withdrawal statement. If the right of withdrawal is offered to consumers through the website, the seller or provider must immediately inform the consumer that the cancellation requests of the consumers have been received.
(3) For sales made by voice communication, the seller or provider must send the form in Annex to the consumer at the latest until delivery of goods or service delivery. The consumer may use this form to use his right of withdrawal in such sales, as well as the methods of the second paragraph.
(4) The obligation of proof regarding the use 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 the payments collected, including the delivery 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 the provider shall make all reimbursements referred to in the first paragraph in accordance with the payment instrument used by the consumer at the time of purchase and without any expense or obligation to the consumer.
(3) In the exercise of the right of withdrawal, the consumer shall not be liable for the costs of return if the merchandise is returned through the carrier specified by the seller for the return within the scope of paragraph (g) of the first paragraph of Article 5. In the event that the seller does not specify any carrier for the return at the preliminary notice, no fee may be charged to the consumer. In the event that the carrier specified in the preliminary information for the return does not have a branch in the place of the consumer, the seller is obliged to ensure that the goods to be returned from the consumer are requested without any additional cost.
ARTICLE 13 - (1) Unless the seller or provider makes an offer to take back the goods, the consumer shall send the goods back to the seller or provider or the person authorized by him within ten days from the date of notification of the use of the right of withdrawal.
(2) The consumer shall not be liable for any changes or deteriorations that occur if the consumer uses the goods in the cancellation period in accordance with its operation, technical specifications and usage instructions.
The effect of the right of withdrawal on the side contracts
ARTICLE 14 - (1) Provided that the provisions of Article 30 of the Law are reserved, in case the consumer exercises his right of withdrawal, the side contracts shall also automatically terminate. In this case, the consumer is not liable to pay any costs, indemnities or penalties except as provided for in the second paragraph of Article 13.
(2) The seller or provider shall immediately notify the third party who is a party to the subcontract 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 may not exercise his right of withdrawal in the following contracts:
a) Contracts for goods or services whose price varies due to fluctuations in financial markets and which are not under the control of the seller or provider.
b) Contracts relating to goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of goods which may be quickly degraded or that may expire.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of non-refundable health and hygiene requirements.
d) Contracts for goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated.
e) Contracts on books, digital content and computer consumables provided in the material environment in case 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 to be made at a certain date or period for the purposes of accommodation, transport of goods, car rental, food and beverage supply and leisure time for recreational or recreational purposes.
ğ) Contracts for services rendered in electronic environment or royalties delivered immediately to consumers.
h) Contracts for services commenced with the consent of the consumer before the right of withdrawal expires.
Contract execution and delivery
ARTICLE 16 - (1) The seller or provider shall fulfill the performance of the consumer within the period promised from the date on which the order is received. In any case, this period shall not exceed thirty days in the sale of goods.
(2) The consumer may terminate the contract if the seller or the provider fails to fulfill his obligation under the first paragraph.
(3) In the event of termination of the contract, the seller or provider shall, within fourteen days from the date of receipt of the notification of termination of all payments collected, including delivery costs, if any, be issued to the consumer pursuant to Law No. 3095 of 4/12/1984. with the statutory interest determined in accordance with Article 11 and return all the valuable documents and similar documents that put the consumer under debt, if any.
(4) In the event that it is impossible to perform the goods or services in question, the seller or provider shall notify the consumer in writing or with a permanent data store within three days from the date on which he / she learns this and all payments collected, including delivery costs, if any must return within late fourteen days. The fact that the goods are not in stock is not considered as an impossibility to fulfill the performance of the goods.
Liability for damage
ARTICLE 17 - (1) The seller is responsible for the losses and damages incurred until the delivery of the goods to the consumer or to a third party determined by the consumer outside the carrier.
(2) If the consumer requests the shipment of the goods by a carrier other than the carrier designated 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) In the event that a telephone line is allocated by the seller or provider for the consumers to communicate with respect to the established contract, the seller or provider may not choose a higher tariff for this line than the usual tariff.
ARTICLE 19 - (1) Prior to the establishment of the contract, it is mandatory to obtain the express consent of the consumer separately in order to claim any additional charge arising from the contractual obligation and other than the agreed basic price.
(2) If the consumer has made a payment due to the fact that the options that give rise to additional payment obligation without the explicit consent of the consumer are presented in a self-selected manner, the seller or provider must immediately refund these payments.
Obligation to store and proof of information
ARTICLE 20 - (1) The seller or the provider is obliged to keep the information and document relating to each transaction regarding the right of withdrawal, information, delivery and other issues regulated under this Regulation for three years.
(2) Use or use remote communication tools within the framework of the system they create.