Official Gazette dated 06 March 2011

Number: 27866

From the Ministry of Industry and Trade:

REGULATION ON DISTANCE CONTRACTS

 

CHAPTER ONE

Purpose, Scope, Basis and Definitions

 

Aim

ARTICLE 1 - (1) The purpose of this Regulation is to determine the application procedures and principles regarding distance contracts.

 

Scope

ARTICLE 2 - (1) This Regulation shall apply to contracts made in written, visual and electronic media or using other means of communication and without confronting the consumer, in which immediate or subsequent delivery or performance of goods or services is agreed upon.

(2) The provisions of this Regulation;

a) Related to banking and insurance,

b) Regarding sales made through automatic machines,

c) Contracts made with those providing telecommunication services through the use of public telephones,

ç) Regarding real estate sales, rentals and other rights related to real estate,

d) Contracted by increasing or decreasing,

does not apply to contracts.

(3) Articles 5, 6, 7 and 8 and the first paragraph of Article 9;

a) Regarding the delivery of foodstuffs, beverages or other daily consumption items to the consumer's residence or workplace within the framework of the seller's regular deliveries,

b) Contracts established with providers providing services in the fields of travel, accommodation, restaurant and entertainment sectors, where the provider is obliged to provide the service subject to the contract on a certain date or within a certain period of time,

does not apply to contracts.

Rest

ARTICLE 3 − (1) This Regulation has been prepared based on Articles 9/A and 31 of the Consumer Protection Law No. 4077 dated 23/2/1995.

Definitions

ARTICLE 4 − (1) In this Regulation;

a) Minister: Minister of Industry and Trade,

b) Ministry: Ministry of Industry and Trade,

c) Service: Any activity other than providing goods in return for a fee or benefit,

d) Creditor: Banks, private finance institutions and financing companies that are authorized to provide cash loans to consumers in accordance with the relevant legislation,

d) Goods: Movable goods that are the subject of shopping and software, sound, images and similar intangible goods prepared for use in electronic environment,

e) Distance contract: Contracts made in written, visual, telephone and electronic media or using other means of communication without meeting with the consumer, and in which the immediate or subsequent delivery or performance of the goods or services is agreed upon,

f) Provider: Natural or legal persons, including public legal entities, who provide services to consumers within the scope of their commercial or professional activities,

g) Seller: Real or legal persons, including public legal entities, who offer goods to consumers within the scope of their commercial or professional activities,

g) Permanent data carrier: Any tool or medium that allows the consumer to record the information sent to him/her personally in a way that allows him/her to review this information for a reasonable period of time in accordance with its purpose and to access the recorded information as is,

h) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

i) Remote communication tool: Any tool or medium that allows the establishment of a contract without physical confrontation, such as letter, catalogue, telephone, fax, radio, television, e-mail message, internet,

expresses.

CHAPTER TWO

General Regulations Regarding Distance Contracts

 

Preliminary information and information form

ARTICLE 5 - (1) Before the establishment of the distance contract, the consumer is informed by the seller or provider in a clear, understandable manner and in accordance with the distance communication tool used, including all of the following information.

a) Name, title, full address, telephone and other contact information, if any, of the seller or provider.

b) Basic characteristics of the goods or services that are the subject of the contract.

c) The sales price of the goods or services in Turkish Lira, including all taxes.

d) Delivery costs, if any.

d) Information regarding payment and delivery or performance.

e) Conditions for exercising the right of withdrawal and how to exercise this right.

f) Additional costs imposed on consumers due to the use of this means of communication in cases where the cost of using the means of distance communication is not calculated according to the regular fee tariff.

g) The validity period of commitments, including price, regarding goods or services.

g) The minimum duration of the contract in cases where the subject of the contract is a product or service performed continuously or periodically.

h) Conditions for termination of debt relationships of indefinite duration or longer than one year.

i) Information that applications regarding complaints and objections of consumers can be made to the consumer problems arbitration committee or consumer court in the place where the consumer purchased the goods or services or where the consumer resides, within the monetary limits determined by the Ministry in December each year.

(2) The seller or provider must deliver the information form containing all the information in the first paragraph to the consumer in writing or via a continuous data carrier within a reasonable period of time before the goods subject to the contract reach the consumer for goods and before the performance of the contract for services. In cases where verbal means of distance communication such as telephone are used, the seller must deliver the information form containing all the information in the first paragraph to the consumer at the latest during the delivery of the goods.

(3) It is mandatory to state that the information specified in the first paragraph is provided for commercial purposes in accordance with the distance communication tools used and in a manner that protects minors and adults who lack or have limited discernment, within the framework of the principles of good faith.

(4) In case of using verbal distance communication tools such as telephone, it is also mandatory to clearly inform the consumer about the identity of the seller or provider and the commercial purpose of the conversation at the beginning of each conversation.

Confirmation of preliminary information

ARTICLE 6 - (1) No contract can be concluded by the seller or provider unless the consumer confirms in writing that he/she has received the preliminary information specified in Article 5. In contracts concluded electronically, the confirmation process is also carried out electronically.

Right of withdrawal

ARTICLE 7 - (1) In distance contracts, the consumer has the right to withdraw from the contract within seven days without giving any reason and without paying any penalty. It is sufficient to notify the consumer of the use of the right of withdrawal in writing or via a permanent data carrier within this period.

(2) The period of right of withdrawal starts from the day the consumer receives the goods in contracts related to the delivery of goods, and from the day the contract is concluded in other contracts.

(3) If the seller or provider fails to fulfill the obligations specified in Articles 5 and 6, the right of withdrawal period is three months. In contracts related to the delivery of goods, this period starts from the day the consumer receives the goods, and in other contracts, from the day the contract is concluded. However, if the obligations specified in Articles 5 and 6 are fulfilled within a period of three months, the seven-day right of withdrawal period specified in the first paragraph starts from the day the obligations in question are fulfilled. It is sufficient to notify the will of the use of the right of withdrawal in writing or via a continuous data carrier within this period.

(4) Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts.

a) Service contracts in which the service begins to be performed with the consumer's approval before the expiry of the right of withdrawal.

b) Contracts regarding goods whose prices are determined in stock exchanges or other organized markets.

c) Contracts for the delivery of goods that are prepared in accordance with the consumer's wishes or clearly in line with his personal needs, are not suitable for return due to their nature, and are in danger of rapid deterioration or expiry.

ç) Contracts regarding sound or image recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.

d) Contracts regarding the delivery of periodicals such as newspapers and magazines.

e) Contracts regarding the performance of betting and lottery related services.

f) Contracts for services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.

(5) In distance contracts where a credit is provided to the consumer by the seller or provider or a third party cooperating with the consumer for the full or partial fulfillment of the debt, if the consumer exercises his/her right of withdrawal within the provisions of this article, the credit contract will also be terminated without any obligation to pay compensation or penalty. However, for this, the notice of withdrawal must also be sent to the creditor in writing. The parties' mutual refund obligations are reserved.

Consequences of exercising the right of withdrawal

ARTICLE 8 - (1) If the consumer exercises his right of withdrawal, the seller or provider is obliged to return the total price received and any document that puts the consumer in debt, without charging any cost to the consumer, within ten days at the latest from the date on which the notice of withdrawal reaches him, and to take back the goods within twenty days.

(2) The decrease in the value of the goods received or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate for the value of the goods or the decrease in its value. Changes and deteriorations that occur due to the ordinary use of the goods are not considered as decrease in value.

Performance of the contract

ARTICLE 9 - (1) Unless otherwise agreed by the parties, the seller or provider shall fulfill the subject of the order within thirty days at the latest from the day the order is communicated to them by the consumer. This period may be extended by a maximum of ten days, provided that the consumer is notified in writing or via a permanent data carrier.

(2) In cases where it becomes impossible to fulfill the goods or services ordered, the consumer must be informed of this situation and the total amount paid and any documents that put him/her under debt must be returned to the consumer within ten days at the latest. The fact that the goods are not available in stock is not considered as making it impossible to fulfill the goods.

(3) The seller or provider may supply another good or service of equal quality and price to the consumer if the following conditions are met.

a) It has been agreed upon in the contract.

b) It is understood that the goods or services subject to the contract cannot be supplied due to a justified reason.

c) Informing consumers in a clear and understandable manner and obtaining their consent.

Goods and services not ordered

ARTICLE 10 - (1) In case of delivery of goods or provision of services that were not ordered, the seller or provider cannot claim any rights against the consumer, except for the use or consumption of the goods or services. In such cases, the consumer's silence cannot be interpreted as a declaration of acceptance for the establishment of the contract, and the consumer has no obligation to send back or keep the goods.

Payment by card

ARTICLE 11 - (1) In cases where the payment is made with a credit card, bank card or similar payment card in distance contracts without issuing a spending document, and if the card is used illegally by someone else; the procedures are carried out in accordance with the provisions of the Banking Cards and Credit Cards Law No. 5464 dated 23/2/2006 and the Regulation on Banking Cards and Credit Cards published in the Official Gazette No. 26458 dated 10/3/2007.

Storage of information and burden of proof

ARTICLE 12 - (1) The seller or provider is obliged to establish a system for informing the consumer and enabling them to exercise their right of withdrawal, and to keep this information in written, audio or electronic form for three years.

(2) The seller or provider is obliged to prove that the intangible goods or services delivered to the consumer electronically were delivered without defects.

CHAPTER THREE

Miscellaneous and Final Provisions

The repealed regulation

ARTICLE 13 − (1) The Regulation on the Application Procedures and Principles of Distance Contracts published in the Official Gazette dated 13/6/2003 and numbered 25137 has been repealed.

Force

ARTICLE 14 − (1) This Regulation shall enter into force on the date of its publication.

Executive

ARTICLE 15 − (1) The Minister of Industry and Trade shall execute the provisions of this Regulation.