Contract Regulation
Official Gazette dated 06 March 2011
Number: 27866
From the Ministry of Industry and Trade:
REGULATION ON DISTANCE CONTRACTS
FIRST PART
Purpose, Scope, Basis and Definitions
Aim
ARTICLE 1 − (1) The purpose of this Regulation; to determine the application procedures and principles regarding distance contracts.
Scope
ARTICLE 2 - (1) This Regulation; It is applied to contracts made in written, visual and electronic media or by using other communication tools and without confronting the consumers, in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.
(2) The provisions of this Regulation;
a) Related to banking and insurance,
b) Regarding sales made through automatic machines,
c) Contracted with telecommunication service providers by using public telephone,
ç) Regarding the sale, rental of immovable and other rights related to the immovable,
d) Contracted by way of increase or decrease,
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) Established with providers providing services in areas such as travel, accommodation, restaurant, entertainment sector, and the provider is under the obligation to provide the contractual service performance on a certain date or within a period of time,
does not apply to contracts.
Rest
ARTICLE 3 - (1) This Regulation has been prepared on the basis of Articles 9/A and 31 of the Law on Consumer Protection dated 23/2/1995 and numbered 4077.
Definitions
ARTICLE 4 - (1) In this Regulation;
a) Minister: Minister of Industry and Trade,
b) Ministry: The Ministry of Industry and Trade,
c) Service: Any activity other than providing goods for a fee or benefit,
ç) Lender: Banks, private finance institutions and financing companies that are authorized to give cash loans to consumers in accordance with the relevant legislation,
d) Goods: The movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment,
e) Distance contract: Contracts in which the delivery or performance of the goods or services to the consumer is agreed immediately or later, made in writing, visual, telephone and electronic media or using other communication tools and without confronting the consumers,
f) Provider: Real or legal persons providing services to the consumer within the scope of their commercial or professional activities, including public legal entities,
g) Seller: Real or legal persons, including public legal entities, that offer goods to the consumer within the scope of their commercial or professional activities,
ğ) Permanent data carrier: Any means or medium that enables the consumer to record the information personally sent to him in a way that allows the examination of this information for a reasonable period of time in accordance with its purpose, and that allows access to the recorded information exactly,
h) Consumer: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
ı) Means of distance communication: Any means or medium that allows the conclusion of a contract without physical confrontation, such as letters, catalogues, telephone, fax, radio, television, e-mail message, internet,
means.
SECOND PART
General Regulations Regarding Distance Contracts
Preliminary information and information form
ARTICLE 5 − (1) Before the distance contract is concluded, the consumer is informed by the seller or the supplier in a clear, understandable and convenient way, including all the information below, in accordance with the distance communication tool used.
a) Name, title, full address, telephone and, if any, other access information of the seller or provider.
b) The basic characteristics of the goods or services subject to the contract.
c) The selling price of the good or service in Turkish Lira, including all taxes.
ç) Delivery costs, if any.
d) Information about payment and delivery or performance.
e) Conditions of exercising the right of withdrawal and how this right will be exercised.
f) In cases where the usage fee of the remote communication tool is not calculated over the ordinary fee schedule, the additional cost of the consumers due to the use of this communication tool.
g) The validity period of the commitments, including the price of the goods or services.
ğ) In cases where the subject of the contract is a good or service performance performed continuously or periodically, the minimum duration of the said contract.
h) Termination of debt relationships with an indefinite term or more than one year.
ı) Information regarding that the applications regarding the complaints and objections of the consumers can be made to the arbitral tribunal or the consumer court for consumer problems in the place of residence or where the consumer purchases the goods or services within the monetary limits determined by the Ministry in December every year.
(2) The seller or supplier is obliged to 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 time before the contractual goods reach the consumer for the goods and before the contract is executed for the services. In cases where verbal distance communication tools 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 must be stated that the information specified in the first paragraph is given for commercial purposes in accordance with the distance communication tools used and within the framework of the principles of goodwill, in a way to protect the minors and the adults who lack the power of discrimination or who are limited.
(4) In case of using verbal distance communication tools such as telephone, it is also obligatory to clearly inform the consumer of the identity of the seller or provider and the commercial purpose of the conversation at the beginning of each call.
Confirmation of preliminary information
ARTICLE 6 - (1) Unless the consumer confirms in writing that he has obtained the preliminary information specified in Article 5, a contract cannot be concluded by the seller or the supplier. Confirmation of contracts made in electronic environment is also done in electronic environment.
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 notification about the use of the right of withdrawal in writing or with a permanent data carrier within this period.
(2) The right of withdrawal starts from the day the consumer receives the goods in contracts for the delivery of the goods, and from the day the contract is concluded in other contracts.
(3) In case the seller or supplier does not fulfill his obligations set forth in Articles 5 and 6, the right of withdrawal period is three months. This period begins to run from the day the consumer receives the goods in contracts for the delivery of the goods, and from the day the contract is concluded in other contracts. However, if the obligations specified in Articles 5 and 6 are fulfilled within three months, the seven-day right of withdrawal period specified in the first paragraph starts to run from the day the said obligations are fulfilled. It is sufficient to notify the declaration of intent regarding the exercise of the right of withdrawal in writing or with a permanent data carrier within this period.
(4) Unless agreed otherwise by the parties, the consumer cannot exercise his right of withdrawal in the following contracts.
a) Service contracts in which the performance of the service is started with the approval of the consumer, before the expiry of the right of withdrawal.
b) Contracts regarding goods whose prices are determined in the stock exchange or other organized markets.
c) Contracts for the delivery of goods, which are prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return due to their nature and which are in danger of spoiling quickly or whose expiration date is likely to expire.
ç) Contracts for audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.
d) Contracts for the delivery of periodicals such as newspapers and magazines.
e) Contracts for the performance of betting and lottery related services.
f) Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer.
(5) In the distance contracts in which the consumer is given credit for the full or partial performance of his debt, by the seller or the supplier or a third party in cooperation with him, in the event that the consumer uses his right of withdrawal within the provisions of this article, there is no obligation to pay any compensation or penal clause in the credit contract. ends without subject. However, for this, the withdrawal notice must also be sent to the lender in writing. Mutual return obligations of the parties are reserved.
Consequences of exercising the right of withdrawal
ARTICLE 8 − (1) In case the consumer exercises his right of withdrawal, the seller or the supplier shall return the total amount received within ten days at the latest from the date of receipt of the withdrawal notification and any document that puts the consumer in debt, without incurring any expense to the consumer, and within twenty days, return the goods to the consumer. liable to take it back.
(2) The decrease in the value of the goods received or the existence of a reason that makes the return impossible do not prevent the use 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 the value or decrease in the value of the goods. Changes and deteriorations that occur due to the habitual use of the goods are not considered as a decrease in value.
Performance of the contract
ARTICLE 9 - (1) Unless agreed otherwise by the parties, the seller or the supplier shall fulfill the subject of the order within thirty days at the latest from the day the order is delivered to him by the consumer. This period can be extended for a maximum of ten days, provided that the consumer is notified in writing or by a permanent data carrier.
(2) In cases where the performance of the goods or services subject to the order becomes impossible, the consumer must be informed of this situation and the total price paid and any document that puts him under debt must be returned to him within ten days at the latest. The situation that the goods are not in stock is not considered as the impossibility of fulfilling the goods.
(3) The seller or the provider may supply another good or service to the consumer with equal quality and price, provided that the following conditions are met.
a) It has been agreed in the contract.
b) Understanding that the goods or services subject to the contract cannot be supplied for a justifiable reason.
c) Obtaining the consent of the consumers by informing them in a clear and understandable manner.
Goods and services not ordered
ARTICLE 10 − (1) In case of delivery of unordered goods or provision of services; Except for the use or consumption of the goods or services, the seller or the provider cannot claim any rights against the consumer. In these cases, the consumer's silence cannot be interpreted as a declaration of acceptance for the conclusion of the contract, and the consumer has no obligation to return or preserve the goods.
Payment by card
ARTICLE 11 − (1) In cases where the payment is made with a credit card, debit card or similar payment card without issuing a spending document in distance contracts, in case the card is used unlawfully by someone else; The transactions are carried out in accordance with the provisions of the Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10/3/2007 and numbered 26458.
Retention of information and burden of proof
ARTICLE 12 - (1) The seller or the supplier is obliged to establish the system for informing the consumer and to exercise his right of withdrawal and to keep this information in written, audio or electronic media for three years.
(2) The seller or the provider is obliged to prove that the delivery of the intangible goods or services delivered to the consumer in the electronic environment is free of defects.
THIRD PART
Miscellaneous and Final Provisions
Repealed regulation
ARTICLE 13 − (1) The Regulation on Implementation 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 enters into force on the date of its publication.
Executive
ARTICLE 15 - (1) The provisions of this Regulation are executed by the Minister of Industry and Trade.
Source: Ministry of Science, Industry and Technology