Purpose, Scope, Basis and Definitions
ARTICLE 1 – The purpose of this Regulation is to regulate the application procedures and principles regarding distance contracts.
ARTICLE 2 – This Regulation is applicable to distance contracts.
The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this phone with telecommunication operators through public phones,
ç) Services related to betting, raffles, lottery and similar games of chance,
d) Establishment, transfer or acquisition of immovable property or rights related to these properties,
e) Housing rental,
f) Package tours,
g) Timeshare vacation, long-term vacation service and their resale or exchange,
ğ) Taking daily consumption items such as food and beverages to the consumer’s residence or workplace within the framework of regular deliveries of the seller
h) Passenger transport services, provided that the obligations to provide information in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations contained in articles 18 and 19 are reserved,
ı) Installation, 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.
ARTICLE 3 – (1) This Regulation has been prepared on the basis of Articles 48 and 84 of the Law on Consumer Protection dated 7/11/2013 and numbered 6502.
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Digital content: Any 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 committed or undertaken in return for a fee or benefit,
c) Permanent data storage: Short message, electronic mail, internet, disk, CD, DVD, which enables the information sent or sent to the consumer to be recorded and copied without modification for a reasonable period of time in accordance with the purpose of this information, memory card and any other similar device or medium,
ç) Law: Law No. 6502 on Consumer Protection,
d) Goods: Subject to shopping; movable property, residential or holiday immovable properties and software, sound, image and similar intangible goods prepared for use in electronic environment,
e) Distance contract: Contracts established between the parties by using remote communication tools, including the moment of conclusion of the contract, within the framework of a system established for the remote marketing of goods or services, without the simultaneous physical presence of the seller or supplier and the consumer,
f) Provider: A real or legal person who provides services to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf or account of the service provider,
g) Seller: A real or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf or account of the person offering the goods,
ğ) Consumer: Real or legal person acting for commercial or non-professional purposes,
h) Remote communication tool: Any means or medium that allows the establishment of a contract without physical confrontation, such as letter, catalog, telephone, fax, radio, television, electronic mail message, short message, internet,
ı) Ancillary contract: The contract regarding the 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.
Prior Information Obligation
ARTICLE 5 – (1) The consumer must be informed by the seller or the provider before the establishment of the distance contract or accepting any corresponding offer, including all of the following.
a) The 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 contact the seller or the provider quickly, and the identity and address of the seller or provider acting on behalf or account, if any,
ç) If the seller or the provider has contact information different from the one specified in clause (c) in order to convey the consumer’s complaints, the 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 the information that additional costs may be paid if these cannot be calculated in advance,
e) In cases where the usage fee of the remote communication tool cannot be calculated over the usual fee tariff during the conclusion of the contract, the consumers
the additional cost installed,
f) Information on payment, delivery, performance and commitments, if any, and solution methods for the complaints of the seller or supplier,
g) In cases where there is a right of withdrawal, information about the conditions, duration, procedure of using this right and the carrier foreseen by the seller for return,
ğ) Open address, fax number or e-mail information where the withdrawal notification will be made,
h) In cases where the right of withdrawal cannot be exercised pursuant to Article 15, information regarding the inability of the consumer to benefit from the right of withdrawal or under which conditions the right of withdrawal will be lost,
ı) At the request of the seller or the supplier, the deposits or other financial guarantees that must be paid or provided by the consumer, if any, and the conditions related thereto,
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 vendor or provider knows or is expected to know reasonably,
k) Information that consumers can submit their applications to 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 explicitly agree otherwise.
(3) If the seller or the supplier does not fulfill the obligation to inform the additional expenses 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 on the basis of each billing period in indefinite term contracts or subscription contracts with a fixed term.
(5) In the contracts established by auction or auction, the information about the auctioneer may be included in place of the information in subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof regarding the preliminary notification belongs to the seller or the supplier.
ARTICLE 6 – (1) The consumer, in all matters specified in the first paragraph of Article 5, at least twelve points in accordance with the distance communication tool used, in an understandable language, in a clear, simple and readable manner by the seller or the supplier in writing or in permanent data. must be informed with the custodian.
(2) If the distance contract is established via the internet, the seller or the provider;
a) Without prejudice to the obligation to inform in the first paragraph of Article 5, the information in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole, before the consumer is under the obligation to pay, clearly also show,
b) To indicate clearly and understandably whether any shipping restrictions apply and which payment instruments are accepted, at the latest before placing the consumer order has to.
(3) In the event that the distance contract is established through audio communication, the seller or the supplier must speak clearly and understandably about the issues in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, immediately before placing an order. to inform the subject in the environment and send all of the information 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) 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 the supplier is in the subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5 In these matters, it is obliged to inform the consumer in a clear and understandable manner immediately before placing an order, and to send all of the information in the first paragraph of Article 5 in writing until the delivery of the goods or service.
(5) In the contracts regarding the service sales established by the methods specified in the third and fourth paragraphs and performed immediately, the consumer is only included in the subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 in the said environment just before placing an order. It is sufficient to inform clearly and understandably about the subject matters.
Confirmation of preliminary information
ARTICLE 7 – (1) The seller or the supplier must ensure that the consumer confirms that he / she has obtained the preliminary information through the methods specified in Article 6 in accordance with the remote communication tool used. Otherwise, the contract is deemed not established.
Other obligations regarding preliminary information
ARTICLE 8 – (1) The seller or the provider must inform the consumer clearly and understandably that the order is an obligation to pay, just before the consumer approves the order. Otherwise, it is not connected with the consumer order.
(2) In the event that the consumer is called by the seller or provider by phone for the purpose of establishing a distance contract, at the beginning of each call, if he / she is looking for the identity of the seller or provider on behalf or account of this person It should reveal the identity and the commercial purpose of the interview.
Use 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 any justification and without penal clause.
(2) The period of right of withdrawal is the day the contract is established in contracts regarding service performance; In the contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer can also use 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 the consumer or the third party designated by the consumer receives the last good,
- b) For goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last part,
- c) The day when the consumer or the third party designated by the consumer receives the first goods in contracts where the goods are delivered regularly for a certain period of time is taken as basis.
(4) Delivery of the goods to the carrier by the seller is not considered as delivery to the consumer.
(5) In the 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 are applied.
ARTICLE 10 – (1) The seller or the 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 for a fourteen-day period to exercise his right of withdrawal. In any case, this period expires one year after the end of the withdrawal period.
(2) In the event that the necessary notification of the right of withdrawal is made within a period of one year, the fourteen-day right of withdrawal period starts from the day this notification is made duly.
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 with a permanent data storage, before the right of withdrawal expires.
(2) In exercising the right of withdrawal, the consumer can use the form in the ANNEX or make an open statement stating the decision of withdrawal. The seller or the provider may also offer an option on the website so that the consumer can fill out this form or send the withdrawal declaration. In the event that consumers are provided with the right of withdrawal through the website, the seller or provider must immediately convey to the consumer the confirmation that the withdrawal requests submitted by the consumers have reached them.
(3) For sales made through audio communication, the seller or the supplier must send the form in the ANNEX to the consumer until the delivery of the goods or service. The consumer can use this form to use the right of withdrawal in such sales, as well as the methods in the second paragraph.
(4) The burden of proof regarding the use of the right of withdrawal mentioned in this article belongs to the consumer.
The obligations of the seller or provider
ARTICLE 12 – (1) The seller or the supplier is obliged to return all the payments collected, including the delivery costs of the goods to the consumer, 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 must make all the refunds specified in the first paragraph in one go, in accordance with the payment instrument used by the consumer and without incurring any expense or liability to the consumer.
(3) In the exercise of the right of withdrawal, within the scope of subparagraph (g) of the first paragraph of Article 5, if the goods are returned via the carrier specified by the seller for return, the consumer cannot be held responsible for the costs related to the return. If the seller does not specify any carrier for the return in the preliminary information, no fee is charged from the consumer for the return cost. In the event that the carrier specified in the preliminary information for return does not have a branch at the location of the consumer, the seller is obliged to ensure that the goods to be returned are received from the consumer without any additional costs.
ARTICLE 13 – (1) Unless the seller or the supplier makes an offer to take back the goods himself, the consumer must return the goods to the seller or supplier or the person he has authorized within ten days from the date of the notification that he has exercised his right of withdrawal.
(2) The consumer is not responsible for the changes and deteriorations that occur if the product is used in accordance with its functioning, technical specifications and usage instructions during the withdrawal period.
The effect of the use of the right of withdrawal on ancillary contracts
ARTICLE 14 – (1) Without prejudice to the provisions of Article 30 of the Law, ancillary contracts will automatically terminate if the consumer exercises his right of withdrawal. In this case The consumer is not obliged to pay any expense, compensation or penalty except for the cases specified in the second paragraph of Article 13.
(2) The seller or the provider must immediately notify the third party that is the party of the side 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 cannot use the right of withdrawal in the following contracts:
- a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or supplier.
- b) Contracts for goods prepared in line with the consumer’s wishes or personal needs.
- c) Contracts for the delivery of perishable or expired goods.
ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
- d) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature.
- e) Contracts regarding the books, digital content and computer consumables provided in the material environment if 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 for the utilization of leisure time for accommodation, furniture transportation, car rental, food and beverage supply and entertainment or recreation, which should be made on a specific date or period.
ğ) Contracts for services performed instantly in electronic environment or for intangible goods delivered immediately to the consumer.
- h) Contracts related to services started with the approval of the consumer before the right of withdrawal expires.
Execution of the contract and delivery
ARTICLE 16 – (1) The seller or the supplier has to fulfill the action within the period committed by the consumer from the date of receipt of the order. In the sale of goods, this period cannot exceed thirty days in any case.
(2) If the seller or the provider does not fulfill its obligation in the first paragraph, the consumer may terminate the contract.
(3) In the event of the termination of the contract, the seller or the supplier, within fourteen days from the date of receipt of the notification of termination of all the collected payments, including the delivery costs, if any, shall be sent to the consumer with the 1st of the Law on Legal Interest and Default Interest No 3095 dated 4/12/1984. It must pay it back together with the legal interest determined according to the article and return all valuable documents and similar documents, if any, that put the consumer under debt.
(4) In cases where the fulfillment of the goods or services subject to the order becomes impossible, the seller or the provider notifies the consumer in writing or with a permanent data storage within three days from the date of learning of this situation and all payments collected, including delivery costs, if any, are It must be returned within fourteen days later. If the product is out of stock, it is not accepted as impossible to fulfill the goods act.
Liability for damage
ARTICLE 17 – (1) The seller is responsible for the losses and damages that occur until the delivery of the goods to the consumer or a third party determined by the consumer other than the carrier.
(2) In the event that the consumer requests the goods to be sent with a carrier other than the carrier designated by the seller, the seller is not responsible for the loss or damage that may occur from 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 regard to the contract established, the seller or the provider cannot choose a tariff higher than the usual fee tariff for this line.
ARTICLE 19 – (1) Before the contract is established, it is obligatory to obtain the explicit consent of the consumer in order to be able to demand any additional fee arising from the contractual obligation other than the agreed basic amount.
(2) If the consumer has made a payment due to the fact that the options that create additional payment obligations are offered automatically without the explicit consent of the consumer, the seller or the provider must make the refund of these payments immediately.
Storage of information and burden of proof
ARTICLE 20 – (1) The seller or the supplier is obliged to keep the 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) Those who mediate the establishment of distance contracts on behalf of the seller or provider by using or making use of remote communication tools within the framework of the system they have created, the seller or the provider, due to the matters in this Regulation,It is obliged to keep the records regarding the transactions made with ıcı for three years and to give this information to the relevant institutions, organizations and consumers if requested.
(3) The seller or the provider is obliged to prove that the intangible goods delivered to the consumer in electronic environment or the services performed are free from defects.
Miscellaneous and Final Provisions
The abolished regulation
ARTICLE 21 – (1) The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 has been repealed.
ARTICLE 22 – (1) This Regulation enters into force three months after its publication.
ARTICLE 23 – (1) The provisions of this Regulation are executed by the Minister of Customs and Trade.
SAMPLE WITHDRAWAL FORM
(This form can only be filled out when the right to withdraw from the contract is requested.
will be sent.)
-To: (The name, title, address, fax number and e-mail address of the seller or provider will be included in this section, which will be filled by the seller or supplier.)
– With this form, I declare that I use my right to withdraw from the contract for the sale of the following goods or the 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:
-Signature of the consumer: (Only if it is sent on paper)