Regulation on the Application Principles of Distance Contracts

Aim

Article 1 - The purpose of this Regulation is to regulate the application procedures and principles regarding distance contracts.

Scope

Article 2 - This Regulation applies to contracts made in written, visual and electronic media or using other means of communication and without contact with the consumer, where immediate or subsequent delivery or performance of goods or services is agreed upon.

Rest

Article 3 - This Regulation has been prepared based on Article 31 of the Consumer Protection Law No. 4077 dated 23/2/1995 and Article 9/A added to this Law by Law No. 4822.

Definitions

Article 4 - In the implementation of this Regulation;

• Ministry: Ministry of Industry and Trade,
• Minister: Minister of Industry and Trade,
• Goods: Movable goods subject to purchase and sale, real estate for residential and holiday purposes, and software, sound, images and similar intangible goods prepared for use in electronic media,
• Service: Any activity other than providing goods in exchange for a fee or benefit.
• Seller: Natural or legal persons, including public legal entities, who offer goods to consumers within the scope of their commercial or professional activities,
• Provider: Natural or legal persons, including public legal entities, who provide services to consumers within the scope of their commercial or professional activities.
• Consumer: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
• Lender: Banks, private financial institutions and financing companies that are authorized to provide cash loans to consumers in accordance with their legislation.
• Distance Contract: Refers to contracts made in written, visual, telephone, electronic media or using other means of communication without confronting the consumer, and in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed upon.

Preliminary Information

Article 5 - It is mandatory to provide the following information to the consumer before concluding the distance contract.

• Name, title, full address, telephone and other contact information, if any, of the seller or provider,
• Basic characteristics of the goods or services subject to the contract,
• The sales price of the goods or services subject to the contract, including all taxes,
• The validity period of all promises of the seller or provider, including price,
• Information on how the consumer will make payments,
• Information on how delivery and performance will be made, the amount of related expenses, if any, and who will cover them,
• Information on the right of withdrawal and how to exercise this right,
• The fee for the communication channels used, if there is a cost to the consumer,
• The schedule regarding the delivery and performance dates of the goods or services subject to the contract,
• The full address, telephone number and other contact information, if any, of the seller or provider to whom the consumer can submit his requests and complaints.

Written Proof of Accuracy of Preliminary Information

Article 6 - A contract cannot be concluded unless the consumer confirms in writing that they have received accurate and complete preliminary information. For contracts concluded electronically, this confirmation is also made electronically. For goods, the consumer must obtain written confirmation containing the preliminary information before the goods are received, and for services, at the latest before the contract is executed.

Conditions That Must Be Included in the Contract

Article 7 - It is mandatory that the distance contract be made in writing and a copy of this contract be given to the consumer. The contract states;

• Name, title, full address, telephone and other contact information, if any, of the consumer, seller or provider,
• The date the contract was drawn up,
• Date and method of delivery or performance of the goods or services,
• Information on the amount of delivery and execution costs and who will cover them,
• Type or kind of goods or services subject to the contract, quantity and brand and model, if any,
• Cash sales price of the goods or services in Turkish Lira, including taxes,
• Total sales price in Turkish Lira to be paid with interest according to maturity,
• The amount of interest, the annual rate at which the interest is calculated, and the default interest rate, which shall not exceed thirty percent of the interest rate specified in the contract,
• Down payment amount,
• Payment plan,
• The legal consequences of the debtor's default are included.

Right of Withdrawal

Article 8 - In distance contracts regarding the sale of goods, the consumer has the right to withdraw from the contract by rejecting the goods within seven days from the date of receipt, without assuming any legal or criminal liability and without giving any reason.

For distance contracts for the provision of services, this period begins on the date the contract is signed. If the contract stipulates that the service will be performed before the 7-day period expires, the consumer may exercise their right of withdrawal up until the date performance begins.

The costs arising from the exercise of the right of withdrawal are borne by the seller or provider.

Contracts for services performed instantly electronically and goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its use.

Even if the goods are delivered to a person other than the consumer who is a party to the contract, the consumer may exercise his or her right of withdrawal. In this case, the seller shall take delivery of the goods from the third party in accordance with the provisions of the fourth paragraph of Article 9.

Consumers cannot exercise their right of withdrawal for goods manufactured in accordance with the consumer's specific requests or demands, or for goods that have been personalized through modifications or additions. Furthermore, consumers cannot exercise their right of withdrawal for goods that, due to their nature, cannot be returned, are likely to deteriorate rapidly, or expire.

If any of the conditions in Articles 6 and 7 of this Regulation are missing, the seller or provider must correct the deficiency within thirty days at the latest. In this case, the seven-day period begins on the date the consumer is notified in writing that the deficiency has been corrected.

If the price paid by the consumer is covered partially or entirely by the seller or provider, or based on an agreement between the seller or provider and the creditor, exercising the right of withdrawal automatically terminates the credit agreement without any obligation to pay compensation or penalties. However, for this to happen, the notice of withdrawal must also be sent in writing to the creditor.

Liability of Seller and Provider

Article 9 - The seller or supplier is obligated to fulfill its obligation within thirty days from the moment the consumer receives the order. This period may be extended by a maximum of ten days, provided that the consumer is notified in writing in advance.

The seller or provider is obliged to return the amount received, the valuable documents and any document that puts the consumer in debt within ten days from the date on which the consumer's notice of withdrawal is received, and also to take back the goods within twenty days.

Before the goods or services subject to the distance contract are delivered or performed to the consumer, the seller or provider shall provide a copy of the contract and a copy of the written confirmation of the preliminary information, signed by the consumer in their own handwriting. In the event of a dispute, the burden of proof rests with the seller and provider.

Provided that there is a justified reason, the seller or provider may supply goods or services of equal quality and price to the consumer before the contractual performance obligation expires and provided this is specified in the contract. If the seller or provider cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered goods or services, it must notify the consumer of this before the contractual performance obligation expires. It must return the paid price and all documents that bind the consumer to the debt within 10 days.

Refund

Article 10 - In distance contracts, if payment is made by credit card or similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used without their consent or in an unlawful manner. In this case, the card issuing institution will refund the payment amount to the consumer within 10 days of receiving notification of the objection.

Out-of-Scope Contracts

Article 11 - The provisions of this Regulation;

• Banking, insurance related,
• Contracted through vending machines,
• Concluded through public payphones,
• Contracted through open auction,
• Regarding the supply of food, beverages and goods regularly supplied to the consumer's home or workplace for daily consumption,
• It does not apply to contracts that contain provisions regarding the provision of accommodation, transportation, food supply, sporting and cultural activities and entertainment services on a specific day or period undertaken by the provider.

Force

Article 12 - This Regulation shall enter into force on 14/6/2003.

Executive

Article 13 - The Minister of Industry and Trade shall enforce the provisions of this Regulation.