Purpose, Scope, Basis and Definitions
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the implementation procedures and principles regarding distance contracts.
ARTICLE 2 – (1) This Regulation is applied 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 property or rights related to these goods,
e) Housing rental,
f) Package tours,
g) Timeshare, timeshare, long-term holiday 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 the seller’s regular deliveries,
h) Passenger transportation services, without prejudice to 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,
ı) Installation, maintenance and repair of goods,
i) Social services to support families and individuals, such as nursing home services, child, elderly or sick care
does not apply to related contracts.
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: All kinds of data presented in digital form such as computer programs, applications, games, music, video and text,
b) Service: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
c) Permanent data storage: short message, e-mail, internet, disc, CD, DVD, which ensures that the information sent by the consumer or sent to him is recorded in a way that allows the examination of this information for a reasonable period of time in accordance with its purpose and that it is copied without changing it and that this information can be accessed exactly. memory card and any similar tools or media,
ç) Law: Law on Consumer Protection No. 6502,
d) Goods: The subject of the trade; movable goods, immovable properties for residence or holiday purposes, and software, audio, video and all kinds of similar intangible goods prepared for use in electronic environment,
e) Distance contract: Contracts concluded by using remote communication tools between the parties until and including the moment the contract is established, within the framework of a system created for the remote marketing of goods or services, without the simultaneous physical presence of the seller or supplier and the consumer,
f) Provider: Real or legal person, including public legal entities, who provides services to the consumer for commercial or professional purposes or acts on behalf of or on behalf of the service provider,
g) Seller: A natural or legal person who offers goods to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the supplier, including public legal entities,
ğ) Consumer: Real or legal person acting for non-commercial or non-professional purposes,
h) Remote communication tool: Any means or medium that allows the conclusion of a contract without physical confrontation, such as letter, catalog, telephone, fax, radio, television, e-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 supplier, including all of the following issues, before the establishment of the distance contract or accepting any corresponding offer.
a) The basic characteristics of the goods or services subject to the contract,
b) Name or title of the seller or supplier, MERSIS number, if any,
c) The full address, telephone number and similar contact information of the seller or supplier, which allows the consumer to contact the seller or supplier quickly, and, if any, the identity and address of the person acting on behalf of or on behalf of the seller or supplier,
ç) If the seller or supplier has contact information different from the one specified in subparagraph (c), for the consumer to submit their complaints, information regarding these,
d) The total price of the good or service, including all taxes, if it cannot be calculated in advance due to its nature, the method of calculation of the price, all transportation, delivery and similar additional costs, if any, and the information that additional costs can 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 ordinary fee schedule during the establishment of the contract, the additional cost imposed on the consumers,
f) Information on payment, delivery, performance, and commitments, if any, and the seller or supplier’s resolution methods for complaints,
g) In cases where there is a right of withdrawal, information regarding the conditions, duration, procedure of the exercise of this right and the carrier that the seller envisages for the return,
ğ) The full address, fax number or e-mail information to which the withdrawal notification will be made,
h) In cases where the right of withdrawal cannot be exercised pursuant to Article 15, information on whether the consumer will not be able to benefit from the right of withdrawal or under which conditions he will lose his right of withdrawal,
ı) Upon the request of the seller or supplier, deposits or other financial guarantees, if any, to be paid or provided by the consumer, and the conditions thereof,
i) Technical protection measures, if any, that may affect the functionality of digital contents,
j) Information on which hardware or software the digital content can work with, which the seller or provider is known or reasonably expected to know,
k) Information that consumers can make their applications regarding the dispute 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 expressly agree otherwise.
(3) If the seller or supplier does not fulfill the obligation to inform about 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 must include the total costs on the basis of each invoicing period, in contracts of indefinite duration or subscription contracts with a definite duration.
(5) In contracts concluded by auction or auction, information about the auctioneer may be included instead of the information in subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof regarding the prior notification rests with the seller or supplier.
ARTICLE 6 – (1) The consumer, in all matters specified in the first paragraph of Article 5, in writing by the seller or the provider in a clear, plain and legible manner, with at least twelve font size, in an understandable language, in accordance with the remote communication tool used. must be notified to the custodian.
(2) In case the distance contract is concluded 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 sub-paragraphs (a), (d), (g) and (h) of the same paragraph as a whole, just before the consumer is under the obligation to pay, also show,
b) Indicate in a clear and understandable manner whether any shipping restrictions are applied and which means of payment are accepted, at the latest before the consumer places his order.
(3) In case the distance contract is concluded via voice communication, the seller or the supplier shall speak to the consumer in a clear and understandable manner, just before placing the order, on the issues included in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5. He is obliged to inform in the relevant environment and to send all of the information in the first paragraph of Article 5 in writing, at the latest, until the delivery of goods or the performance of services.
(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 line with the clauses (a), (b), (d), (g) and (h) of the first paragraph of Article 5. In such matters, the consumer is obliged to inform the consumer in a clear and understandable manner just before ordering, and to send all of the information in the first paragraph of Article 5 in writing until the delivery of the goods or the performance of the service at the latest.
(5) In the contracts for the sales of services, which are established with the methods specified in the third and fourth paragraphs, and which are executed immediately, the consumer is only included in the clauses (a), (b), (d) and (h) of the first paragraph of the 5th article, just before placing the order. It is sufficient to be informed about the issues in a clear and understandable way.
Confirmation of preliminary information
ARTICLE 7 – (1) The seller or the supplier must ensure that the consumer confirms that he has obtained the preliminary information through the methods specified in Article 6, in accordance with the distance communication tool used. Otherwise, the contract is deemed not established.
Other obligations regarding prior notification
ARTICLE 8 – (1) The seller or the supplier is obliged to inform the consumer in a clear and understandable way that the order placed means the payment obligation, just before the consumer approves the order. Otherwise the consumer is not bound by the order.
(2) If the consumer is called by the seller or supplier for the purpose of establishing a distance contract, at the beginning of each call, the seller or the provider must explain his identity, if he is calling on behalf of or on behalf of someone else, the identity of this person and the commercial purpose of the conversation.
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 giving any reason and without paying any penalty.
(2) The term of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In 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 may use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
(3) In determining the period of the right of withdrawal;
a) In the case of goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last product,
b) In the case of goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party determined by the consumer receives the first goods.
(4) Delivery of the goods 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 shall apply.
ARTICLE 10 – (1) The seller or the supplier 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 to use the right of withdrawal for fourteen days. In any case, this period expires one year after the end of the withdrawal period.
(2) In case the necessary notification about the right of withdrawal is made within a one-year period, the fourteen-day right of withdrawal begins to run from the day this notification is duly made.
Use 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 supplier, in writing or with a permanent data storage, before the right of withdrawal expires.
(2) In exercising the right of withdrawal, the consumer may use the form in the Annex or make a clear statement of the decision to withdraw. 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 statement. In the event that consumers are given the right of withdrawal via the website, the seller or provider must immediately convey to the consumer the confirmation that the withdrawal requests submitted by the consumers have been received.
(3) In sales made via voice communication, the seller or the supplier 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 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 exercise of the right of withdrawal in this article belongs to the consumer.
Obligations of the seller or supplier
ARTICLE 12 – (1) The seller or the supplier is obliged to return all payments collected, including the delivery costs of the goods, if any, within fourteen days from the date on which the notification regarding the use of the consumer’s right of withdrawal is received.
(2) The seller or the supplier is obliged to make all the repayments specified in the first paragraph at once, in accordance with the payment instrument used by the consumer and without incurring any cost or obligation to the consumer.
(3) In the exercise of the right of withdrawal, in the event that the goods are sent back through the carrier specified by the seller for return, the consumer cannot be held responsible for the costs related to the return, within the scope of subparagraph (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 notification, no compensation can be claimed from the consumer for the return cost. In the event that the carrier specified in the preliminary notification for the 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 demanding any additional costs.
Obligations of the consumer
ARTICLE 13 – (1) Unless the seller or the supplier makes an offer to take the goods back, the consumer is obliged to return the goods to the seller or the supplier or the person authorized by him within ten days from the date of the notification regarding the use of the right of withdrawal.
(2) The consumer is not responsible for the changes and deteriorations that occur if he/she uses the goods in accordance with the operation, technical specifications and usage instructions within the withdrawal period.
The effect of the use of the right of withdrawal on ancillary contracts
ARTICLE 14 – (1) Provided that the provisions of Article 30 of the Law are reserved, ancillary contracts automatically terminate if the consumer exercises his right of withdrawal. In this case, the consumer is not obliged to pay any costs, compensation or penal clauses, except for the cases specified in the second paragraph of Article 13.
(2) The seller or the supplier must immediately notify the third party, who is a party to the subcontract, that the consumer has exercised his right of withdrawal.
Exceptions to the right of withdrawal
ARTICLE 15 – (1) Unless agreed otherwise by the parties, the consumer cannot exercise his right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.
c) Contracts for the delivery of perishable or expired goods.
ç) From 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 unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, provided that the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
Performance of the contract and delivery
ARTICLE 16 – (1) The seller or the supplier is obliged to fulfill the obligation within the time he has committed, starting from the date on which the order of the consumer is received. In the case of goods sales, this period cannot exceed thirty days in any case.
(2) In case the seller or supplier fails to fulfill his obligation in the first paragraph, the consumer may terminate the contract.
(3) In case of termination of the contract, the seller or the supplier, if any, including the delivery costs, all collected payments, within fourteen days from the date of the notification of termination, to the consumer, within fourteen days of the Law No. 3095 dated 4/12/1984 and Article 1 of the Law on Legal Interest and Default Interest. It is obliged to pay back together with the legal interest determined according to the article and to return all valuable papers 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 supplier shall notify the consumer in writing or with a permanent data store within three days from the date of learning of this situation, and all the collected payments, including delivery costs, if any, shall be paid as soon as possible from the date of notification. It must be returned within fourteen days. The situation that the goods are not in stock is not considered as the impossibility of fulfilling the goods.
Liability for damage
ARTICLE 17 – (1) The seller is responsible for the loss and damage that occurs until the delivery of the goods to the consumer or a third party to be 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 determined by the seller, the seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
Phone usage fee
ARTICLE 18 – (1) In case a telephone line is allocated by the seller or the provider for the consumers to communicate with regard to the established contract, the seller or the provider cannot choose a higher tariff than the usual fare for this line.
ARTICLE 19 – (1) Before the contract is concluded, it is obligatory to obtain the explicit consent of the consumer separately in order to claim any additional costs other than the agreed basic price arising from the contractual obligation.
(2) If the consumer has made a payment due to the fact that the options that give rise to the additional payment obligation are presented automatically without the express consent of the consumer, the seller or the supplier must promptly return these payments.
Retention of information and burden of proof
ARTICLE 20 − (1) The seller or the supplier is obliged to keep the information and document regarding each transaction regarding the right of withdrawal, information, delivery and other obligations regulated within the scope of this Regulation for three years.
(2) Within the framework of the system they have established, those who mediate the establishment of a distance contract on behalf of the seller or supplier by using or making available remote communication tools, keep the records of the transactions made with the seller or supplier for three years due to the issues in this Regulation, and, if requested, submit this information to the relevant institution. organizations and consumers.
(3) The seller or the provider is obliged to prove that the intangible goods or services delivered to the consumer electronically are free of defects.
Miscellaneous and Final Provisions
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 be filled and filled only when the right to withdraw from the contract is desired.
will be sent.)
-To: (This part to be filled in by the seller or supplier will include the name, title, address, if any, fax number and e-mail address of the seller or supplier.)
With this form, I declare that I have exercised my right to withdraw from the contract regarding 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 cost of the goods or services subject to the right of withdrawal:
-Consumer’s name and surname:
-Consumer’s signature: (Only if sent on paper)