DISTANCE SALES CONTRACT

Regulation on Application Procedures and Principles of Distance Contracts
Published Official Journal Dated: 6/3/2011 - Issue: 27866

From the Ministry of Industry and Trade:

Regulation on Distance Contracts;

PART ONE

Purpose, Scope, Basis and Definitions

Purpose

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

Scope

ARTICLE 2 -  (1) This Regulation shall apply to contracts which are made in written, visual and electronic media or other means of communication and which are made without confrontation with the consumers and whose goods or services are determined at the moment of consumption or afterwards.

(2) This regulation’s articles do not apply on the following contracts;

a) Banking and insurance related
b) Sales via Automated machines
c) Telecommunication services sold via using public phones
d) Related to immovable sales, lease and other rights related to immovable property
e) Sales concluded with auction or reverse auction



(3)5th, 6th,7th, and 8th articles along with the first clause of article 9; not applicable to the contracts such as:

a) Regarding the transport of food, beverages or other daily consumption items to the consumer's residence or workplace within the framework of the regular delivery of the vendor

b) It is established with suppliers that provide service in the fields such as travel, accommodation, restaurants, entertainment sector and it is under the obligation of the supplier to offer contractual service in a certain date or time period,



Basis:

Article 3 –  (1) BThis Regulation has been prepared on the basis of Article 9 / A and Article 31 of the Law No. 4077, dated 23/2/1995 on the Protection of Consumers.

Definitions

ARTICLE 4 - In this Regulation;

a) Minister: Minister of Industry and Trade,
b)Minister: Minister of Industry and Trade,
c) Service: Any activity outside the provision of goods for a fee or benefit,
Lenders: The banks, private financial institutions and financing companies authorized to give cash loans to consumers according to the relevant legislation,
e) Goods: Software, audio, images and other intangible goods prepared for use in electronic media,
f) Distance contract: contracts made in written, visual, telephone and electronic media or other means of communication and without any confrontation with the consumers and contracts of the goods or services agreed upon at the moment of consumption or afterwards,
g) Supplier: Real or legal persons providing services to consumers within the scope of their commercial or professional activities, including public legal entities,
h) Vendor: Real or legal entities that offer goods to the public in the context of their commercial or professional activities, including public entities,
i) Continuous data carrier: Any medium or environment that allows the consumer to record the personal information sent to him/her in such a way as to be reasonably available for the purpose of reviewing the information
j) Consumer: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes
k) Remote communication: Any medium or environment that allows the establishment of a contract without physical confrontation such as letter, catalog, telephone, fax, radio, television, electronic mail message, internet.

PART TWO

General Regulations Regarding Distance Contracts

Preliminary information and information form


ARTICLE 5 -  (1) The consumer shall be informed by the vendor or supplier in a manner that is clear, comprehensible and in accordance with the remote communication medium used, including all of the following information prior to the establishment of the distance contract.

a) Name, title, full address, telephone and other contact information of the vendor or supplier.
b) Basic characteristics of the contractual goods or service.
c) The sales price of the goods or services, including all taxes, in Turkish Liras.
d) Delivery expenses if any.
e) Information on payment and delivery or providing service.
f) The conditions for the exercise of the right to withdraw and how this right can be used.
g) the additional cost charged to the consumer due to the use of this communication medium, in cases where the usage fee of the telecommunication medium is not calculated on the usual charge tariff.
h) Validity period of commitments for goods or services included in the price
i) The minimum period of the contract in the cases where the contract is created by providing goods or services which are delivered continuously or periodically.
j) Conditions for termination of relations with debts of indefinite periods or over a period of one year.
I) Information where customers may apply the complaints and appeals to the arbitration committee or the consumer court where consumer bought good or service or the place of residence within the monetary limits determined every December by the Ministry.

(2) The vendor or the supplier must deliver the information to the consumer in writing or in a continuous data carrier, for the services, before the contractual goods are delivered to the consumer, within a reasonable period of time prior to the execution of the contract, including the complete information in the first column. In cases where verbal telecommunication devices such as telephones are used, the vendor must deliver the information form containing the complete information in the first paragraph to the consumer at the latest when delivering the goods.

(3) It is mandatory to state to minors and persons with disabilities or limited abilities that the information given in the first paragraph is provided for commercial purposes, in accordance with the means of remote communication used and in the context of goodwill principles.

(4) In the case of the use of verbal remote communication means such as telephone, it is also obligatory that at the beginning of each view, the vendor or the supplier's name and the commercial purpose of the opinion are clearly communicated to the consumer.

Confirmation of preliminary information

ARTICLE 6 - (1) The contract cannot be concluded by the vendor or the supplier unless the consumer confirms in writing that he has obtained the preliminary information specified in 

Right of withdrawal

ARTICLE 7 - (1)In distant contracts, the consumer has the right to withdraw from the contract within seven days without any justification and without a penal clause. The notification of the use of the right of withdrawal shall be communicated in writing or in a continuous data carrier within this period.

(2) The term of withdrawal shall commence on the date of receipt of the goods by the consumer and on the other contracts from the day on which the contract is concluded.

(3) In case the vendor or the supplier fails to fulfill the obligations set forth in Articles 5 and 6, the right of withdrawal is three months. This period begins on the date of receipt of the goods by the consumer. And for the other contracts, from the day when the contract is concluded. However, if the liabilities specified in Articles 5 and 6 are fulfilled within a period of three months, the seven-day withdrawal period specified in the first paragraph shall start from the day on which such obligations are fulfilled. It is sufficient for the declaration of will to use the right of withdrawal to be notified in writing or in a permanent data carrier within this time.

(4) Unless otherwise agreed by the parties, the consumer shall not be entitled to exercise his/her right of withdrawal in the following contracts.

a) Service contracts initiated service with the approval of the consumer before the end of the right of withdrawal.
b)Commodity contracts whose prices are determined on the stock exchange or other organized markets.
c) contracts for the delivery of goods which are prepared in line with the consumer's wishes or especially for his or her personal needs and which are by nature not suitable for return and which are in danger of rapid deterioration or are likely to expire.
d) Contracts for audio or video recordings, software programs and computer supplies, provided that the package is opened by the consumer.
e) Contracts for delivery of periodicals such as newspapers and magazines.
f) Contracts for the performance of services relating to betting and lottery.
g) contracts for immediate service in electronic environment and for non-material goods delivered to the consumer immediately.

(5) In the event that the consumer exercises the right to withdraw within the provisions of this article in the case of distant contracts in which the loan is provided by the vendor or the supplier or a third party cooperating with it for wholly or partly the performance of the debtor, the loan agreement shall not be liable to pay any compensation or penalty. However, the withdrawal notification must be communicated in writing to the creditor. Mutual return liabilities of the parties are reserved.

The consequences of using the right to withdraw

ARTICLE 8 - (1) In case the consumer uses the right of withdrawal, the seller or the supplier is liable to reimburse the total amount paid by the customer and return free of charge any documentation which puts the consumer in to debt within ten days from the date of the notification of withdrawal is received. It also has twenty days to take back the goods. 

(2) In case of value of the delivered goods decreased or it is impossible to return the product due to a reason, it does not prevent the use of the right to withdraw. However, if the diminishing value or the inability of the return of the good is caused by the fault of the consumer, the customer must compensate the value of the goods or the decrease in value to the vendor. Changes and deterioration due to the normal use of the product are not considered to decrease the value 

(3) "In the case of orders to be sent abroad (outside the borders of the Republic of Turkey), all expenses shall be covered by myself in the event of additional tax conditions applicable to the country concerned and I shall not be able to claim any such costs from the VENDOR in any capacity, And return, the price of the carrier (cargo) or the cost of the product to be laid off from the cancellation except for the defective goods; I agree that I understand that I will be able to asked for the difference from the VENDOR in case the total amount I paid is lower than the amount of the pricUnless otherwise agreed by the parties, the vendor or the supplier shall issue the order within thirty days at the latest from the date on which the order is placed by the consumer. This period may be extended by not more than ten days, provided that the consumer is notified in writing or by a continuous data carrier.

(2)In cases where the fulfillment of the goods or service order is impossible, the consumer shall be informed of this situation and the total price of the payment and any kind of documentation which puts it under debt shall be returned to customer within at the latest ten days. The absence of stock of the goods is not regarded as the impossibility of the fulfillment of the performance of the goods.

(3)The vendor or the supplier may supply another goods or service with equal quality and price if the following conditions are met.

a) It has been agreed upon by the contract.
b) understand that contractual goods or services cannot be provided for a justifiable reason.;
c) Inform consumers in a clear and understandable manner and obtain their approval.

ARTICLE10 - (1) In the case of delivering goods or services which are not ordered; except to the extent that the goods or services are used or consumed by the customer, vendor or the supplier cannot claim any right. The silence of the consumer in these cases cannot be interpreted as a declaration of acceptance of the establishment of the contract and the consumer has no obligation to return or keep the goods.

Payment by card

ARTICLE11 - (1) In the case where the credit card is used by someone else in a manner contrary to the law in case of payment in distance contracts without issuing a credit card, debit card or similar payment card and expenditure document, enforcement is executed in accordance with Bank Cards and Credit Cards Act No. 5464 dated 23/2/2006 and Regulation on Bank Cards and Credit Cards published in Official Journal dated March 10, 2007 and numbered 26458.

Storage of information and obligation of proof 

ARTICLE12 - (1) The vendor or the supplier is obliged to establish a system for informing the consumer and using his right to withdraw and to keep such information in written, audible or electronic form for three years.

(2) The vendor or the supplier is obliged to prove that the delivery of the intangible goods or services delivered to the consumer in the electronic environment is carried out with no defect.

PART THREE

Miscellaneous and Final Provisions

Regulation removed from enforcement


ARTICLE13 - (1) The Regulation on the Procedures and Principles on the Implementation of Distance Contracts published in the Official Journal dated 13.06.2003 and numbered 25137 has been abolished.

Entry into Force

ARTICLE14 - (1) This Regulation shall enter into force on the date of its publication.

Execution;

ARTICLE15 - (1) BThe provisions of this Regulation shall be executed by the Minister of Industry and Trade.