DISTANCE CONTRACTS REGULATION

DISTANCE CONTRACTS REGULATION

FIRST PART

Purpose, Scope, Basis and Definitions

Goal                        

ARTICLE 1 - (1) The purpose of this Regulation is to regulate the principles and procedures of implementation of distance contracts.

Scope

ARTICLE 2 - (1) This Regulation shall apply to distance contracts.

(2) The provisions of this Regulation;

a) Financial services,

b) Sales made through automatic machines,

c) The use of this telephone with telecommunication operators via public telephone,

ç) Services related to betting, raffle, lottery and similar games of chance,

d) The formation, transfer or acquisition of immovable property or rights of such goods,

e) Housing rental,

f) Package tours,

g) Time-share, circuit holidays, long-term holiday services and their resale or exchange,

ğ) Daily consumption items such as food and beverages should be taken to the consumer's place of residence or workplace within the framework of regular deliveries of the seller,

h) Passenger transportation services provided that the obligations given in the paragraphs (a), (b) and (d) of the first paragraph of Article 5 are reserved without prejudice to the obligations set forth in Articles 18 and 19;

ı) Installation, maintenance and repair of goods,

i) Does not apply to contracts regarding nursing services, social services for the support of families and persons such as children, elderly or patient care.

Basis

ARTICLE 3 - (1) This Regulation has been prepared on the basis of articles 48 and 84 of the Law on the Protection of Consumer No. 6502 dated 7/11/2013.

Definitions

ARTICLE 4 - (1) In the application of this Regulation;

a) Digital content: any kind of digitally presented data, such as computer program, application, game, music, video and text,

b) Service: The subject of any consumer transaction, other than providing goods that are committed to or made in return for a fee or benefit,

c) Permanent data logger: A short message, e-mail, internet, disk, CD, DVD, which allows the consumer to record and send the information sent to him / her to have a reasonable period of time in accordance with the purpose of this information and to be copied without modification. memory card and any other vehicle or environment,

ç) Law: Law No. 6502 on Consumer Protection,

d) Goods: The subject of shopping; all kinds of immaterial goods, such as software, sound, image and similar, prepared for use in electronic environment,

e) Distance Contract: Contracts established by the use of remote communication tools between the parties, including the moment when the agreement was established and including the moment of establishment, within the framework of a system established for the remote marketing of goods or services, with the vendor or provider and without the simultaneous physical presence of the consumer,

f) Provider: The natural or legal person who provides services to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf of or in the name of the service provider,

g) Seller: any natural or legal person who is offering goods to the consumer for commercial or professional purposes, including public legal entities, or acting in the name or account of the supplier,

ğ) Consumer: Any real or legal person acting for commercial or non-professional purposes,

h) Remote communication tool: Letter, catalog, telephone, fax, radio, television, e-mail message, text message, internet, such as any kind of media that allows the establishment of a contract without the

i) Side contract: Expresses the contract for the goods or services provided to the consumer in addition to the goods or services subject to the contract by the seller, provider or a third party in relation to a distance contract;

SECOND PART

Pre-Information Obligation

Preliminary information

ARTICLE 5 - (1) The consumer shall be informed by the seller or the provider of all the following points before establishing the distance contract or accepting any other proposal.

a) The basic qualifications of the goods or services subject to the contract,

b) the name or title of the vendor or provider and the MERSIS number, if any,

c) the identity and address of the vendor or provider, contact details of the vendor or provider, contact details of the consumer or provider, and, if applicable, the name and address of the vendor or provider on the name or account of the vendor,

ç) If the vendor or provider has different contact information than the one specified in (c) in order to convey the complaints of the consumer,

d) If the total price of goods or services, including all taxes, cannot be calculated in advance in terms of its nature, the method of calculating the price, all additional transportation, delivery and similar additional costs, and the information that additional costs can be paid if these cannot be calculated in advance

e) In cases where the use of the remote communication tool cannot be calculated over the normal tariff of the contract at the stage of establishing the contract, additional cost,

f) information on payment, delivery, performance and related commitments, if any, and methods of resolution of the vendor or provider for complaints,

g) In cases where there is a right of withdrawal, the conditions of use of this right, duration, procedure and information regarding the carrier that the seller expects to return,

ğ) Open address, fax number or e-mail information where the notification of withdrawal shall be made,

h) information on whether the consumer cannot benefit from the right of withdrawal in cases where the right of withdrawal cannot be exercised pursuant to Article 15 or in which conditions the right of withdrawal will be lost.

(i) Deposits or other financial guarantees to be paid or provided by the consumer, if any, at the request of the seller or provider, and the requirements thereof;

i) Technical protection measures that may affect the functionality of digital content, if any,

j) Information on which hardware or software the digital content can work with, which the vendor or provider knows or is reasonably expected to know,

k) Information on how consumers can apply for dispute to the Consumer Court or to the Consumer Arbitration Committee.

(2) The information referred to in the first paragraph is an integral part of the distance contract and may not be modified unless the parties express otherwise.

(3) If the seller or provider does not fulfill the obligation to provide information on the additional costs in subparagraph (d) of the first paragraph, the consumer is not obliged to meet them.

(4) The total price in subparagraph (d) of the first paragraph shall include the total costs on the basis of each invoicing period in uncertain term contracts or fixed period subscription contracts.

(5) In the contracts established by auction or subtraction, information related to the auctioner may be included instead of the information contained in paragraphs (b), (c) and (ç) of the first paragraph.

(6) The burden of proof of preliminary information is on the seller or the provider.

Preliminary informing method

ARTICLE 6 - (1) Consumer, in all matters specified in the first paragraph of Article 5, in accordance with the remote communication tool used in writing, in a language of at least twelve point in an understandable language, clear, simple and legible in writing or in writing by the vendor or provider. must be informed with

(2) If the distance contract is established via the internet, the seller or provider;

a) Without prejudice to the information obligation contained in the first paragraph of Article 5, the information contained in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole shall be clearly stated immediately prior to the payment of the consumer. Also show,

b) Consumer has to indicate in a clear and understandable manner whether any transmission restrictions have been applied and which means of payment have been accepted, at the latest before placing the consumer order

(3) In the event that the distance contract is established through voice communication, the seller or provider shall make a clear and clear statement to the consumer in the terms of paragraphs (a), (d), (g) and (h) of the first paragraph of this Article. and to send all the information in the first paragraph of Article 5, in writing, until the delivery of goods or service.

(4) In the case of the establishment of a distance contract through an environment in which the ordering information is presented in a limited area or time, the seller or provider shall be included in paragraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5. In such cases, it is obligatory to inform the consumer clearly and comprehensibly in the said environment immediately prior to ordering and to send all the information in the first paragraph of Article 5 in writing up to the delivery of goods or service.

(5) In the contracts related to the sale of services that are established with the methods specified in the third and fourth paragraphs and immediately executed, the consumers shall be placed in the paragraphs (a), (b), (d) and (h) of the first paragraph of Article 5 immediately before ordering. It is sufficient to be informed clearly and comprehensively on the issues.

Confirmation of preliminary information

ARTICLE 7 - (1) The seller or provider shall ensure that the consumer confirms that he has acquired the preliminary information by the methods specified in Article 6 in accordance with the remote communication means used. Otherwise, the contract is deemed not established.

Other obligations related to preliminary information

ARTICLE 8 - (1) The seller or provider must inform the consumer in a clear and understandable manner that the order placed before the consumer approves the order means payment obligation. Otherwise the consumer is not affiliated with the order.

(2) In the event that the consumer is called by the vendor or provider for the purpose of establishing a distance contract, the provider or vendor should explain the purpose and commercial purpose of the interview, the identity of the person or the identity of each person at the beginning of each interview.

THIRD PART

Use of the Right of Withdrawal and Obligations of the Parties

Right of withdrawal

ARTICLE 9 - (1) The consumer has the right of withdrawal from the contract without giving any justification and paying no penalty within fourteen days.

(2) The period of right of withdrawal shall be stated on the day of the contract in the contracts relating to the performance of the service; In the contracts relating to the delivery of goods, the consumer or the third party determined by the consumer starts the day on which he receives the goods. However, the consumer can use his right of withdrawal from the establishment of the contract until the delivery of the goods.

(3) In determining the right of withdrawal;

a) On the day when the third party, determined by the consumer or consumer, takes the final goods in the goods which are the subject of single order and are delivered separately,

b) On the day when the consumer or the third party designated by the consumer has received the last part,

c) The day of delivery of the goods to the consumer or by the third party designated by the consumer in the contracts is based on where the goods are delivered regularly for a certain period of time.

 (4) Delivery of the goods to the carrier by the seller is not accepted as delivery to the consumer.

(5) In the contracts where the delivery of goods and services are performed together, the right of withdrawal relating to the delivery of goods shall be applied.

Missing information

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 of the right of withdrawal, he / she is not bound by a period of fourteen days to exercise his right of withdrawal. In any case, this period expires one year after the expiry date.

(2) In the event that the right of cancellation is made within one year of the right of withdrawal, the period of cancellation of fourteen days shall commence as from the day of this notification.

Use of the right of withdrawal

ARTICLE 11 - (1) The notification of the exercise of the right of withdrawal shall be directed to the seller or the provider in writing or with the permanent data storage without expiration of the right of withdrawal.

(2) In exercising the right of withdrawal, the consumer may use the form contained in the APPENDIX or make a clear statement indicating the decision to withdraw. The vendor or provider may also offer options through the website to enable the consumer to complete this form or submit a revocation statement. In the event that consumers are given the right of withdrawal through the website, the seller or provider shall promptly convey the confirmation information to the consumer that the withdrawal requests submitted by the consumers have reached them.

(3) In sales made via voice communication, the seller or provider shall send the form in the APP to the consumer until the delivery of the goods or service. The consumer may use this form to use the right of withdrawal in such sales and may use the methods in the second paragraph.

(4) The burden of proof on the use of the right of withdrawal in this article belongs to the consumer.

Obligations of the vendor or provider

ARTICLE 12 - (1) The seller or provider is obliged to return all payments collected within fourteen days from the date on which the consumer has obtained his right of withdrawal, including the delivery costs to the goods, if any.

(2) The seller or provider shall make all the repayments specified in the first paragraph in a single transaction, in accordance with the means of payment used by the consumer and without incurring any costs or obligations to the consumer.

(3) In the use of the right of withdrawal, the consumer shall not be liable for the expenses related to the return if the goods are returned through the carrier specified by the seller for return in the scope of sub-paragraph (g) of the first paragraph of Article 5. In the event that the seller does not specify any carrier for the return in the preliminary information, no cost can be demanded from the consumer. If the carrier specified in the preliminary information for the return is not a branch in the place where the consumer is located, the seller is obliged to ensure that the goods that are requested to be returned without any additional expenses are taken from the consumer.

Obligations of the consumer

ARTICLE 13 - (1) Unless the Seller or the provider makes a proposal that the goods will be recovered by him, the consumer has to return the goods to the seller or the provider or the person he authorized, within ten days of the date on which he notifies his / her use of the right of withdrawal.

(2) The consumer shall not be liable for any change or alteration in the event of using the goods in accordance with its operation, specifications and usage instructions.

The effect of the use of the right of withdrawal to the side contracts

ARTICLE 14 - (1) Subject to the provisions of Article 30 of the Law, if the consumer uses his right of withdrawal, the side contracts shall terminate automatically. In this case, the consumer 

It is not obliged to pay any costs, indemnities or penalties except for the cases mentioned in the second paragraph.

(2) The seller or provider must immediately notify the third party to the side of the 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 may not exercise his right of withdrawal in the following agreements:

a) Contracts relating to goods or services whose price varies depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier.

b) Contracts relating to goods prepared in accordance with the consumer's wishes or personal needs.

c) Contracts for the delivery of goods which may be damaged or expired.

ç) After the delivery of packaging, tape, seal, package, such as protective elements of the opened items; contracts for the delivery of improper returns for health and hygiene.

d) Contracts relating to goods which are mixed with other products after delivery and cannot be separated by their nature.

e) Contracts relating to books, digital content and computer consumables provided in material form after the delivery of the goods such as packaging, tape, seal and package.

f) Contracts for the delivery of periodicals, such as newspapers and journals, except those provided under the subscription agreement.

g) Contracts for accommodation, transport of goods, car rental, supply of food and beverages, and leisure or leisure activities for leisure or recreation.

ğ) Instantaneous services in electronic environment or contracts for intangible goods delivered to the consumer immediately.

h) Contracts with respect to services commenced with the approval of the consumer before the expiry of the right of withdrawal.

CHAPTER FOUR

Other Provisions

Contract execution and delivery

ARTICLE 16 - (1) The seller or provider shall perform the act within the period in which the consumer commits to the order. In the case of goods sales, this period cannot exceed thirty days.

(2) The consumer may terminate the contract if the seller or provider fails to fulfill its obligation under the first paragraph.

(3) In the event of termination of the contract, the seller or provider shall provide the consumer to the consumer within fourteen days from the date on which the notice of termination has been received, including the delivery costs, if applicable. With the statutory interest determined according to the article, it must return all the precious documents and similar documents that put the consumer under debt.

(4) In the event that the performance of the goods or services under the order becomes impossible, the seller or the provider shall inform the consumer in writing or with a permanent data register within three days from the date of learning of this situation and, if any, the payment of all collected payments, including the delivery costs, It is mandatory to return within fourteen days. If the goods are not in stock, it is not considered as impossible to fulfill the act of goods.

Liability for damage

ARTICLE 17 - (1) The seller is responsible for the losses and damages resulting from the delivery of goods to a third party which the consumer or the consumer shall determine outside the carrier.

(2) The seller is not liable for any loss or damage that may occur as a result of the delivery of the goods to the relevant carrier, if the consumer requires the goods to be sent with another carrier other than the carrier specified by the seller.

Phone usage fee

ARTICLE 18 - (1) In the event that a telephone line is allocated by the seller or the provider in order for the consumers to communicate with respect to the contract established, the seller or the provider cannot select a higher tariff than the usual tariff.

Additional payments

ARTICLE 19 - (1) It is obligatory to obtain the explicit consent of the consumer before the contract is established, in order to be able to claim any additional fee arising from the contractual obligation and the agreed basic price.

(2) If the consumer has made a payment due to the fact that the options with the additional payment obligation without the express consent of the consumer are presented with a self-selected option, the seller or the provider must immediately return the payments.

Information storage and obligation to prove

ARTICLE 20 - (1) The seller or the provider shall keep the information and document related to each transaction regarding the right of withdrawal, information, delivery and other obligations under this Regulation for three years.

(2) In the framework of the system they establish, those who mediate the establishment of a distance contract on behalf of the seller or the provider by using or making use of the remote communication means shall record the records of the transactions made with the seller or the provider for the matters contained in this Regulation for three years and to provide this information to relevant institutions, organizations and consumers if requested. 

(3) The seller or the provider is obliged to prove that the goods or services rendered to the consumer in electronic environment are indisputable.

SECTION 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 is repealed.

Force

ARTICLE 22 - (1) This Regulation shall enter into force three months after its publication.

Executive

ARTICLE 23 - (1) The provisions of this Regulation shall be executed by the Minister of Customs and Trade.

 

 

APPENDIX

SAMPLE WITHDRAWAL FORM

 

(This form may only be filled by the right of withdrawal from the contract It will be sent.)

 
-To whom: (This section to be filled in by the seller or provider shall include the name, title, address, fax number and e-mail address of the vendor or provider.)

 
-I hereby declare that I have exercised my right of withdrawal from the contract for the sale of the following goods or the submission of the services.

- Order Date or Delivery Date:

- Goods or service subject to the right:

- The price of goods or services subject to the right:

- Name and surname of the supplier:

-The address of the supplier:

- Signature of the customer: (Only on paper)