SALES POLICY 1
Regulation on the Application Procedures and Principles of Distance Contracts
Date of Publication in the Official Gazette: 14/6/2003 – Number: 25137
Purpose
Article 1– The purpose of this Regulation is to regulate the application procedures and principles of distance contracts.
Scope
Article 2– This Regulation applies to contracts made in written, visual and electronic media or using other means of communication and without confronting the consumer, where the delivery or performance of the goods or services to the consumer is agreed upon immediately or subsequently.
Base
Article 3– This Regulation has been prepared based on Article 31 of the Law No. 4077 on the Protection of Consumers dated 23/2/1995 and Article 9/A added to this Law by Law No. 4822.
Definitions
Article 4– In the application of this Regulation;
a) Ministry: Ministry of Industry and Trade,
b) Minister: Minister of Industry and Trade,
c) Goods: Movable goods, immovable goods for residential and holiday purposes, and software, sound, images and similar intangible goods prepared for use in an electronic environment,
d) Service: Any activity other than providing goods in return for a fee or benefit,
e) Seller: Real or legal persons offering goods to consumers within the scope of their commercial or professional activities, including public legal entities,
f) Provider: Real or legal persons offering services to consumers within the scope of their commercial or professional activities, including public legal entities,
g) Consumer: Real or legal person acquiring, using or benefiting from a good or service for commercial or non-professional purposes,
h) Creditor: Banks, private finance institutions and finance companies authorized to provide cash credit to consumers according to their legislation,
ı) Distance Contract: Contracts made in writing, visually, by telephone and electronically or using other means of communication and in direct contact with consumers contracts made without confrontation and in which the delivery or performance of goods or services to the consumer is agreed upon immediately or later,
j) (Added: 9/10/2007-26668 RG) Permanent data carrier: Any tool that allows the consumer to record the information sent to him/her personally in a way that allows him/her to examine this information for a reasonable period of time in accordance with the purpose of this information and allows access to the recorded information as is.
Preliminary Information
Article 5– (Amended first sentence: 9/10/2007-26668 RG) Before the conclusion of the distance contract, the consumer is informed in a clear, understandable manner and in accordance with the means of communication used by providing an information form containing all of the following information.
a) Name, title, full address, telephone and other contact information of the seller or provider, if any,
b) Basic features of the goods or services subject to the contract,
c) Sales price of the goods or services subject to the contract including all taxes,
d) Validity period of all promises of the seller or provider including price,
e) Information on how the consumer's payments will be made,
f) Information on how delivery and performance will be made and the amount of expenses related to this, if any, and who will cover them,
g) Information on the right of withdrawal and how to use this right,
h) Fee of the communication channels used if there is a cost to the consumer,
ı) Program regarding the delivery and performance dates of the goods or services subject to the contract,
j) Full address, telephone and other contact information of the seller or provider to whom the consumer can submit his/her requests and complaints.
(Added: 9/10/2007-26668 RG; Regulation, art. 2) In case of use of verbal communication tools, it is also mandatory for the seller or provider to clearly state their identity and the commercial purpose of the conversation to the consumer at the beginning of each conversation.
Written Proof of Accuracy of Preliminary Information
Article 6– (Amended: 9/10/2007-26668 RG) The information form specified in Article 5 of this Regulation must be given to the consumer before the conclusion of the contract. The contract cannot be concluded unless the consumer confirms in writing that they have received this information. In contracts made electronically, the confirmation process is also made electronically. The seller or provider must deliver the information form to the consumer in writing before the goods subject to the contract reach the consumer for goods, and before the execution of the contract at the latest for services, and in contracts made electronically, they must deliver the information form to the consumer via another continuous data carrier that can be used or accessed continuously by the consumer.
Conditions That Must Be Included in the Contract
Article 7– (Amended: 9/10/2007-26668 RG) The distance contract must be given to the consumer with another continuous data carrier that can be used or accessed continuously by the consumer.
In the contract;
a) The consumer, seller or provider’s name, title, full address, telephone and other contact information, if any,
b) The date the contract was drawn up,
c) The date and method of delivery or performance of the goods or services,
d) The amount of expenses related to delivery and performance and information on who will cover them,
e) The type or kind, quantity and, if any, the brand and model of the goods or services that are the subject of the contract,
f) The advance sales price of the goods or services in Turkish Lira including taxes,
g) The total sales price in Turkish Lira to be paid with interest according to the term,
h) The interest amount, the annual rate at which the interest is calculated and the default interest rate not to exceed thirty percent of the interest rate specified in the contract,
ı) The amount of down payment,
j) The payment plan,
k) The legal consequences of the debtor going into default, are included.
Right of Withdrawal
Article 8– The consumer; In distance contracts related to the sale of goods, the consumer has the right to reject the goods within seven days from the date of receipt and without assuming any legal or criminal liability and without giving any reason. In distance contracts related to the provision of services, this period begins on the date the contract is signed. If it is agreed in the contract that the service will be performed before the 7-day period expires, the consumer can exercise the right of withdrawal until the date the performance will begin. The expenses arising from the exercise of the right of withdrawal belong to the seller or provider.
Contracts related to services performed instantly in an electronic environment and goods delivered to the consumer instantly are not subject to the provisions regarding the right of withdrawal and its use. Even if the delivery of the goods is made to a person other than the consumer who is a party to the contract, the consumer can exercise the right of withdrawal. In this case, the seller receives the goods from the third party in accordance with the provision of the fourth paragraph of Article 9.
The consumer cannot exercise the right of withdrawal in goods produced in accordance with the consumer's special requests and demands or made personalized by making changes or additions to them. In addition, the consumer cannot exercise the right of withdrawal in the case of goods that cannot be returned due to their nature, are likely to deteriorate rapidly or expire.
(Amended: 9/10/2007-26668 RG) If the seller or provider fails to fulfill the obligations specified in Articles 6 or 7, the seller or provider shall correct the deficiency within thirty days at the latest. In this case, the seven-day period begins as of the date on which the written information regarding the correction of the deficiency is delivered to the consumer. Otherwise, the consumer is not bound by the seven-day period to exercise the right of withdrawal.
If the amount paid by the consumer is partially or completely covered by the seller or provider or based on an agreement between the seller or provider and the creditor, the credit agreement will automatically terminate without any obligation to pay compensation or penal clauses if the right of withdrawal is exercised. However, for this, the notice of withdrawal must also be sent to the creditor in writing.
Obligations of the Seller and the Provider
Article 9 – The seller or provider is obliged to fulfill its obligation within thirty days at the latest from the moment the consumer receives the order. This period may be extended by a maximum of ten days, provided that the consumer is notified in writing in advance. The seller or provider is obliged to return the amount received, the valuable papers and any document that puts the consumer in debt within ten days from the date the consumer's notice of withdrawal reaches them, and also to take back the goods within twenty days.
(Amended: 9/10/2007-26668 RG) The seller or provider is obliged to provide the consumer with the information in Article 5 and the contract in Article 7 before the delivery or performance of the goods or services subject to the distance contract and to obtain approval for the confirmation of the preliminary information within the scope of the obligations specified in Article 6. In case of disagreement, the burden of proof belongs to the seller or provider.
Provided that there is a legitimate reason, the seller or provider may supply goods or services of equal quality and price to the consumer before the expiration of the contractual performance obligation and provided that it is specified in the contract.
If the seller or provider cannot fulfill its contractual obligations by claiming that the fulfillment of the ordered goods or services has become impossible, it shall notify the consumer of this situation before the expiration of the contractual performance obligation. It shall return the amount paid and all documents that entail debt to the consumer within 10 days.
Refund
Article 10– In distance contracts, if the payment is made by credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used without his/her consent and in an unlawful manner. In this case, the institution that issued the card shall refund the payment amount to the consumer within 10 days from the notification of the objection.
Contracts Out of Scope
Article 11 The provisions of this Regulation;
a) Banking, insurance related,
b) Contracts concluded through automatic vending machines,
c) Contracts concluded through public payphones,
d) Contracts concluded through auctions,
e) Contracts concerning the supply of food, beverages and goods regularly provided to the consumer's home or workplace for daily consumption,
f) Contracts containing provisions regarding the provision of accommodation, transportation, food supply, sports and cultural activities and entertainment services undertaken by the provider on a special day or period, shall not be applied to contracts.
Entry into force
Article 12– This Regulation shall enter into force on 14/6/2003.
Execution
Article 13– The provisions of this Regulation shall be executed by the Minister of Industry and Trade