Distance Contracts Regulation
DISTANCE CONTRACTS REGULATION
PART ONE
Purpose, Scope, Basis and Definitions
Purpose
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 applies to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this telephone with telecommunication operators via public telephone,
ç) Services related to betting, drawing, lottery and similar games of chance,
d) Formation, 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,
ğ) Delivery of 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,
ı) Assembly, maintenance and repair of goods,
i) Social services aimed at supporting families and individuals such as nursing home services, child, elderly or patient care services
does not apply to contracts related to.
Base
ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Law No. 6502 on the Protection of Consumers dated 7/11/2013.
Definitions
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Digital content: Any data presented digitally, such as computer programs, applications, games, music, videos and texts,
b) Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
c) Permanent data storage: Any tool or medium such as text messages, e-mails, internet, disks, CDs, DVDs, memory cards and the like, that allows the information sent by the consumer or sent to him/her to be recorded and copied without modification in a way that allows for the examination of this information for a reasonable period of time in accordance with its purpose and that allows access to this information as is,
ç) Law: Law No. 6502 on the Protection of Consumers,
d) Goods: The subject of the purchase; movable goods, immovable properties for residential or holiday purposes, and software, sound, images and all kinds of intangible goods prepared for use in an electronic environment,
e) Distance contract: Contracts established through the use of remote communication tools up to and including the moment the contract is established within the framework of a system established for the distance 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 the consumer for commercial or professional purposes or acts on behalf or account of the service provider,
g) Seller: A natural or legal person, including public legal entities, who provides goods to the consumer for commercial or professional purposes or acts on behalf or account of the service provider,
ğ) Consumer: A natural or legal person acting for non-commercial or non-professional purposes,
h) Distance communication tool: A contract without physical confrontation, such as letter, catalogue, telephone, fax, radio, television, e-mail message, text message, internet any means or environment that allows the establishment of a distance contract,
ı) Side contract: A contract regarding goods or services provided to the consumer by the seller, provider or a third party in addition to the goods or services subject to the contract, in relation to a distance contract.
SECTION TWO
Preliminary Information Obligation
Preliminary information
ARTICLE 5 – (1) The consumer must be informed by the seller or provider in a manner that includes all of the following matters before the establishment of the distance contract or accepting any offer corresponding to it.
a) Basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller 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 quickly contact the seller or provider, and the identity and address of the person acting on behalf of or on behalf of the seller or provider, if any,
ç) If the seller or provider has contact information other than that specified in subparagraph (c) for the consumer to communicate their complaints, information regarding these,
d) If the total price of the goods or services, including all taxes, cannot be calculated in advance due to their nature, the method of calculating the price, if any, all additional costs such as shipping, delivery and similar, and information that additional costs can be paid if these cannot be calculated in advance,
e) In cases where the cost of using the remote communication tool cannot be calculated according to the regular fee schedule during the establishment of the contract, consumers
additional cost charged,
f) Information on payment, delivery, performance and, if any, commitments related to these and the seller's or provider's methods of resolving complaints,
g) In cases where there is a right of withdrawal, the conditions, period, procedure for exercising this right and information on the carrier the seller has designated for return,
ğ) The full address, fax number or e-mail information to be sent for the withdrawal notification,
h) Information on whether the consumer cannot benefit from the right of withdrawal or under what conditions the consumer will lose the right of withdrawal in cases where the right of withdrawal cannot be exercised in accordance with Article 15,
ı) Deposits or other financial guarantees to be paid or provided by the consumer upon the request of the seller or provider, if any, and the conditions related to these,
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 seller or provider knows or is reasonably expected to know,
k) That consumers can apply to the Consumer Court or Consumer Arbitration Board regarding disputes information.
(2) The information specified in the first paragraph is an integral part of the distance contract and cannot be changed unless the parties expressly agree otherwise.
(3) If the seller or provider fails to 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 subparagraph (d) of the first paragraph must include the total costs for each billing period in indefinite-term contracts or fixed-term subscription contracts.
(5) In contracts established by auction or reduction, information regarding the auctioneer may be included instead of the information in subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof that prior information was provided lies with the seller or provider.
Preliminary information method
ARTICLE 6 – (1) The consumer must be informed in writing or via a permanent data storage device by the seller or provider in a clear, plain and readable manner, in a font size of at least twelve, in an understandable language, in accordance with the distance communication tool used, regarding all matters specified in the first paragraph of Article 5.
(2) In the event that the distance contract is established via the internet, the seller or provider must;
a) Without prejudice to the information obligation in the first paragraph of Article 5, clearly show the information in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole, immediately before the consumer enters into a payment obligation,
b) Indicate clearly and understandably whether any shipping restrictions are applied and which payment methods are accepted, at the latest before the consumer places his/her order.
(3) If the distance contract is established via voice communication, the seller or provider must inform the consumer in a clear and understandable manner on the issues included in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, in the relevant medium immediately before the order is placed and send all the information included 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) If the distance contract is established via a medium where the information regarding the order is provided in a limited area or time, the seller or provider must inform the consumer in a clear and understandable manner on the issues included in subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5, in the relevant medium immediately before the order is placed and send all the information included in the first paragraph of Article 5 in writing at the latest until the delivery of the goods or the performance of the service.
(5) In contracts regarding service sales established with the methods specified in the third and fourth paragraphs and performed instantly, it is sufficient for the consumer to be informed clearly and understandably only about the issues included in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 in the relevant medium immediately before placing the 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 with the methods specified in Article 6 in accordance with the distance 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 a payment obligation immediately before the consumer confirms the order. Otherwise, the consumer is not bound by the order.
(2) In the event that the consumer is called by the seller or provider for the purpose of establishing a distance contract, the seller or provider must provide his/her identity at the beginning of each conversation, and if he/she is calling on behalf of or on behalf of someone else, the identity of that person.
The consumer must explain the commercial purpose of the meeting and the right of withdrawal.
CHAPTER THREE
Use of the Right of Withdrawal and the 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 period of the right of withdrawal begins on the day the contract is established for contracts related to the performance of services; and on the day the consumer or the third party determined by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.
(3) In determining the period of the right of withdrawal;
a) In goods that are the subject of a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) In goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period, the day the consumer or a third party designated by the consumer receives the first good,
is taken as basis.
(4) The delivery of the good 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 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 duly informed about the right of withdrawal, he/she is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period ends one year after the date on which the withdrawal period ends.
(2) If the necessary notification regarding the right of withdrawal is provided within one year, the fourteen-day right of withdrawal period shall start to run from the day on which such notification is provided.
Use of the right of withdrawal
ARTICLE 11 – (1) It is sufficient to send the notification regarding the use of the right of withdrawal to the seller or provider in writing or via permanent data storage before the expiration of the right of withdrawal period.
(2) In the exercise of the right of withdrawal, the consumer may use the form in the ANNEX or make a clear statement stating the decision to withdraw. The seller or provider may also provide an option on the website for the consumer to fill out this form or send the declaration of withdrawal. In the event that the right of withdrawal is provided to consumers via the website, the seller or provider must immediately send the consumer confirmation that the withdrawal requests submitted by the consumers have been received.
(3) In sales made via 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. The consumer may use this form to exercise the 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 referred to in this article belongs to the consumer.
Obligations of the seller or provider
ARTICLE 12 – (1) The seller or provider is obliged to refund 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 the right of withdrawal.
(2) The seller or provider must make all refunds specified in the first paragraph in a single transaction in accordance with the payment instrument used by the consumer during purchase and without imposing any expense or liability on the consumer.
(3) In exercising the right of withdrawal, if the goods are sent back through the carrier specified by the seller for return within the scope of subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the costs related to the return. If the seller does not specify a carrier for return in the preliminary information, no fee can be requested from the consumer regarding the return cost. If 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 requesting any additional costs.
Obligations of the consumer
ARTICLE 13 – (1) Unless the seller or provider makes an offer to take back the goods themselves, the consumer must return the goods to the seller or provider or the person they authorize 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 goods in accordance with their operation, technical specifications and instructions for use 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, ancillary contracts automatically terminate if the consumer exercises the right of withdrawal. In this case, the consumer shall be obliged to return the goods to the consumer in accordance with Article 13.
