Distance Sales Contract
DISTANCE CONTRACTS REGULATION
CHAPTER ONE
Purpose, Scope, Basis and Definitions
Aim
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the application procedures and principles regarding distance contracts.
Scope
ARTICLE 2 – (1) This Regulation applies to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this telephone with telecommunications operators via public telephone,
d) Services related to betting, drawings, lottery and similar games of chance,
d) Formation, transfer or acquisition of real estate or rights related to these properties,
e) Renting housing,
f) Package tours,
g) Timeshare, timeshare, long-term holiday service and their resale or exchange,
g) Delivery of 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 transport 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,
i) Installation, maintenance and repair of the goods,
i) Social services to support families and individuals, such as nursing home services, child, elderly or patient care.
It does not apply to contracts related to.
Rest
ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Consumer Protection Law No. 6502 dated 7/11/2013.
Definitions
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Digital content: Any data presented digitally, such as computer programs, applications, games, music, videos and texts,
b) Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
c) Permanent data storage: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card or similar medium that allows the information sent by the consumer or sent to the consumer to be recorded and copied without modification in a way that allows for the examination of this information for a reasonable period of time in accordance with its purpose and allows access to this information as is,
ç) Law: Consumer Protection Law No. 6502,
d) Goods: Movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar goods prepared for use in electronic environment, which are the subject of shopping.
e) Distance contract: Contracts established through the use of distance communication tools, up to and including the moment the contract is established between the parties, within the framework of a system established for the distance marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer.
f) Provider: A natural or legal person, including public legal entities, who provides services to consumers for commercial or professional purposes or acts on behalf of or on behalf of the service provider,
g) Seller: A natural or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods,
g) Consumer: A natural or legal person acting for non-commercial or non-professional purposes,
h) Remote communication tool: Any tool or medium that allows the establishment of a contract without physical contact, such as letter, catalogue, telephone, fax, radio, television, e-mail message, short message, internet,
i) Ancillary contract: A contract in which goods or services are provided to the consumer in addition to the goods or services that are the subject of the contract by the seller, provider or a third party in relation to a distance contract.
expresses.
CHAPTER TWO
Prior Information Obligation
Preliminary information
ARTICLE 5 – (1) Before the establishment of a distance contract or accepting any offer corresponding to it, the consumer must be informed by the seller or provider, including all of the following matters.
a) Basic characteristics of the goods or services that are the subject of the contract,
b) Name or title of the seller or provider, MERSIS number, if any,
c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to quickly contact the seller or provider, and the identity and address of the person acting on behalf of or on behalf of the seller or provider, if any,
ç) If the seller or provider has contact information other than that specified in clause (c) for the consumer to communicate their complaints, information regarding these,
d) The total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs, if any, and information on whether additional costs can be paid if these cannot be calculated in advance,
e) In cases where the cost of using the remote communication tool cannot be calculated according to the regular fee schedule during the establishment of the contract, the additional cost imposed on the consumers,
f) Information regarding payment, delivery, performance and, if any, commitments regarding these and the seller's or provider's methods of resolving complaints,
g) In cases where there is a right of withdrawal, the conditions, duration and procedure for exercising this right and information on the carrier designated by the seller for return,
g) The full address, fax number or e-mail address to which the notice of withdrawal will be sent,
h) In cases where the right of withdrawal cannot be exercised in accordance with Article 15, information on whether the consumer will not be able to benefit from the right of withdrawal or under what conditions the consumer will lose the right of withdrawal,
i) Deposits or other financial guarantees to be paid or provided by the consumer upon the request of the seller or provider, if any, and the conditions related to them,
i) Technical protection measures, if any, that may affect the functionality of digital content,
j) Information that the seller or provider knows or reasonably expects to know, regarding which hardware or software the digital content can work with,
k) Information that consumers can apply to the Consumer Court or Consumer Arbitration Committee regarding their disputes.
(2) The information specified in the first paragraph is an integral part of the distance contract and cannot be changed unless the parties expressly agree otherwise.
(3) If the seller or provider fails to fulfil the obligation to inform about the additional costs in subparagraph (d) of the first paragraph, the consumer is not obliged to cover them.
(4) The total price in subparagraph (d) of the first paragraph must include the total costs on a per-billing period basis in indefinite-term contracts or fixed-term subscription contracts.
(5) In contracts established through auction or bidding, information regarding the auctioneer may be included instead of the information in subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof that prior information has been provided lies with the seller or provider.
Preliminary information method
ARTICLE 6 – (1) The consumer must be informed in writing or via a permanent data storage device by the seller or provider, in a clear, plain and readable manner, in an understandable language, in a font size of at least twelve, in accordance with the distance communication tool used, regarding all matters specified in the first paragraph of Article 5.
(2) In case the distance contract is established via the internet, the seller or provider;
a) Without prejudice to the obligation to inform in the first paragraph of Article 5, to clearly display the information in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole, immediately before the consumer becomes liable for payment,
b) To state clearly and understandably whether any shipping restrictions apply and which payment methods are accepted, at the latest before the consumer places his/her order.
has to.
(3) If the distance contract is established by voice communication, the seller or provider must inform the consumer in a clear and understandable manner in the medium in question, immediately before the order is placed, about the issues set out in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, and must send all the information in the first paragraph of Article 5 in writing at the latest until the delivery of the goods or performance of the service.
(4) In case a distance contract is established through a medium where the information regarding the order is provided in a limited area or time, the seller or provider must inform the consumer in a clear and understandable manner on the issues in subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5, in the medium in question, immediately before the order is placed, and must send all the information in the first paragraph of Article 5 in writing, at the latest, until the delivery of the goods or the performance of the service.
(5) In contracts regarding service sales established by the methods specified in the third and fourth paragraphs and performed immediately, it is sufficient for the consumer to be informed clearly and understandably only about the matters included in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 in the relevant medium immediately before placing the order.
Confirmation of preliminary information
ARTICLE 7 – (1) The seller or provider must ensure that the consumer confirms, in accordance with the distance communication tool used, that he/she has obtained the preliminary information through the methods specified in Article 6. Otherwise, the contract is deemed not to have been established.
Other obligations regarding prior information
ARTICLE 8 – (1) The seller or provider must inform the consumer in a clear and understandable manner that the order placed means a payment obligation, immediately before the consumer confirms the order. Otherwise, the consumer is not bound by the order.
(2) If the consumer is called by a seller or provider for the purpose of establishing a distance contract, the seller or provider must disclose his/her identity at the beginning of each call, and if he/she is calling on behalf of or on behalf of someone else, the identity of this person and the commercial purpose of the call.
CHAPTER THREE
Exercise 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 period of right of withdrawal begins on the day the contract is established for contracts related to the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.
(3) In determining the period of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or a third party designated by the consumer receives the first good.
is taken as basis.
(4) Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
(5) In contracts where delivery of goods and performance of services are made together, the provisions regarding the right of withdrawal regarding the delivery of goods apply.
Incomplete information
ARTICLE 10 – (1) The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not duly informed about the right of withdrawal, he/she is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period ends one year after the date on which the withdrawal period ends.
(2) If the necessary notification regarding the right of withdrawal is made within one year, the fourteen-day period of right of withdrawal begins to run from the day on which the notification is made.
Exercise 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 provider in writing or via permanent data storage before the expiry of the right of withdrawal period.
(2) In exercising the right of withdrawal, the consumer may use the form in the ANNEX or make a clear statement stating the decision to withdraw. The seller or provider may also offer the option on the website for the consumer to fill out this form or send the declaration of withdrawal. In the event that the right of withdrawal is offered to consumers on the website, the seller or provider must immediately send the consumer confirmation that the withdrawal requests submitted by the consumers have been received.
(3) In sales made through voice communication, the seller or provider 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. In such sales, the consumer can use this form to exercise his/her right of withdrawal, as well as the methods in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal referred to in this article belongs to the consumer.
Obligations of the seller or provider
ARTICLE 12 – (1) The seller or provider is obliged to refund all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date on which the consumer receives notification that he/she has exercised his/her right of withdrawal.
(2) The seller or provider must make all refunds specified in the first paragraph in a single payment in accordance with the payment instrument used by the consumer during the purchase and without imposing any cost or liability on the consumer.
(3) In the exercise of the right of withdrawal, if the goods are sent back through the carrier specified by the seller for return within the scope of subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the costs related to the return. If the seller does not specify any carrier for return in the preliminary information, no fee can be requested from the consumer for the return cost. If the carrier specified in the preliminary information for return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods requested to be returned are collected from the consumer without requesting any additional costs.
Obligations of the consumer
ARTICLE 13 – (1) Unless the seller or provider offers to take back the goods, the consumer must return the goods to the seller or provider or to the person authorized by the consumer within ten days from the date of notification of exercising the right of withdrawal.
(2) The consumer is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and instructions for use within the withdrawal period.
Effect of the exercise of the right of withdrawal on ancillary contracts
ARTICLE 14 – (1) Subject to the provisions of Article 30 of the Law, if the consumer exercises his/her right of withdrawal, the ancillary contracts will automatically terminate. In this case, the consumer is not liable to pay any expenses, compensation or penalties except for the cases specified in the second paragraph of Article 13.
(2) The seller or provider must immediately notify the third party party to the ancillary contract that the consumer has exercised his right of withdrawal.
Exceptions to the right of withdrawal
ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
CHAPTER FOUR
Other Provisions
Performance of the contract and delivery
ARTICLE 16 – (1) The seller or provider must fulfill its obligation within the period it has committed itself to, starting from the date on which the consumer's order reaches it. In the case of sales of goods, this period cannot exceed thirty days in any case.
(2) If the seller or provider fails to fulfil their obligations in the first paragraph, the consumer may terminate the contract.
(3) In case of termination of the contract, the seller or provider must repay all payments collected, including delivery costs, if any, to the consumer within fourteen days from the date of receipt of the termination notice, together with the legal interest determined in accordance with Article 1 of the Law No. 3095 on Legal Interest and Default Interest, dated 4/12/1984, and return all valuable papers and similar documents that put the consumer in debt, if any.
(4) In cases where the fulfillment of the goods or services subject to the order becomes impossible, the seller or provider must notify the consumer in writing or via permanent data storage within three days from the date of learning about this situation and return all payments collected, including delivery costs, if any, within fourteen days from the date of notification at the latest. The fact that the goods are not available in stock is not considered as the fulfillment of the goods fulfillment.
Liability for damages
ARTICLE 17 – (1) The seller is responsible for losses and damages that occur until the delivery of the goods to the consumer or to a third party determined by the consumer other than the carrier.
(2) If the consumer requests the goods to be sent by a carrier other than the one specified by the seller, the seller is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier.
Phone usage fee
ARTICLE 18 – (1) If a telephone line is allocated by the seller or provider for consumers to communicate in relation to the established contract, the seller or provider cannot choose a tariff higher than the regular fee tariff for this line.
Additional payments
ARTICLE 19 – (1) Before the contract is established, it is mandatory to obtain the explicit consent of the consumer in order to request any additional fee other than the agreed basic fee arising from the contractual obligation.
(2) If the consumer has made a payment because options that create an additional payment obligation have been automatically selected without the explicit consent of the consumer, the seller or provider must immediately refund these payments.
Storage of information and burden of proof
ARTICLE 20 - (1) The seller or provider must keep the information and documents related to each transaction regarding the right of withdrawal, information, delivery and other obligations regulated under this Regulation for three years.
(2) Those who mediate the establishment of a distance contract on behalf of the seller or provider by using or having used remote communication tools within the framework of the system they have established are obliged to keep records of the transactions made with the seller or provider due to the matters set out in this Regulation for three years and to provide this information to the relevant institutions, organizations and consumers upon request.
(3) The seller or provider is obliged to prove that the intangible goods or services delivered to the consumer electronically are free of defects.
CHAPTER FIVE
Miscellaneous and Final Provisions
The repealed regulation
ARTICLE 21 – (1) The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 has been repealed.
Force
ARTICLE 22 – (1) This Regulation shall enter into force three months after its publication.
Executive
ARTICLE 23 – (1) The Minister of Customs and Trade shall execute the provisions of this Regulation.
ADDITIONAL
SAMPLE WITHDRAWAL FORM
(This form should only be filled out when you want to exercise your right to withdraw from the contract.)
will be sent.)
CHAPTER ONE
Purpose, Scope, Basis and Definitions
Aim
ARTICLE 1 – (1) The purpose of this Regulation is to regulate the application procedures and principles regarding distance contracts.
Scope
ARTICLE 2 – (1) This Regulation applies to distance contracts.
(2) The provisions of this Regulation;
a) Financial services,
b) Sales made through automatic machines,
c) Use of this telephone with telecommunications operators via public telephone,
d) Services related to betting, drawings, lottery and similar games of chance,
d) Formation, transfer or acquisition of real estate or rights related to these properties,
e) Renting housing,
f) Package tours,
g) Timeshare, timeshare, long-term holiday service and their resale or exchange,
g) Delivery of 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 transport 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,
i) Installation, maintenance and repair of the goods,
i) Social services to support families and individuals, such as nursing home services, child, elderly or patient care.
It does not apply to contracts related to.
Rest
ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Consumer Protection Law No. 6502 dated 7/11/2013.
Definitions
ARTICLE 4 – (1) In the implementation of this Regulation;
a) Digital content: Any data presented digitally, such as computer programs, applications, games, music, videos and texts,
b) Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
c) Permanent data storage: Any tool or medium such as text message, e-mail, internet, disk, CD, DVD, memory card or similar medium that allows the information sent by the consumer or sent to the consumer to be recorded and copied without modification in a way that allows for the examination of this information for a reasonable period of time in accordance with its purpose and allows access to this information as is,
ç) Law: Consumer Protection Law No. 6502,
d) Goods: Movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar goods prepared for use in electronic environment, which are the subject of shopping.
e) Distance contract: Contracts established through the use of distance communication tools, up to and including the moment the contract is established between the parties, within the framework of a system established for the distance marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer.
f) Provider: A natural or legal person, including public legal entities, who provides services to consumers for commercial or professional purposes or acts on behalf of or on behalf of the service provider,
g) Seller: A natural or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf or on behalf of the person offering the goods,
g) Consumer: A natural or legal person acting for non-commercial or non-professional purposes,
h) Remote communication tool: Any tool or medium that allows the establishment of a contract without physical contact, such as letter, catalogue, telephone, fax, radio, television, e-mail message, short message, internet,
i) Ancillary contract: A contract in which goods or services are provided to the consumer in addition to the goods or services that are the subject of the contract by the seller, provider or a third party in relation to a distance contract.
expresses.
CHAPTER TWO
Prior Information Obligation
Preliminary information
ARTICLE 5 – (1) Before the establishment of a distance contract or accepting any offer corresponding to it, the consumer must be informed by the seller or provider, including all of the following matters.
a) Basic characteristics of the goods or services that are the subject of the contract,
b) Name or title of the seller or provider, MERSIS number, if any,
c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to quickly contact the seller or provider, and the identity and address of the person acting on behalf of or on behalf of the seller or provider, if any,
ç) If the seller or provider has contact information other than that specified in clause (c) for the consumer to communicate their complaints, information regarding these,
d) The total price of the goods or services including all taxes, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs, if any, and information on whether additional costs can be paid if these cannot be calculated in advance,
e) In cases where the cost of using the remote communication tool cannot be calculated according to the regular fee schedule during the establishment of the contract, the additional cost imposed on the consumers,
f) Information regarding payment, delivery, performance and, if any, commitments regarding these and the seller's or provider's methods of resolving complaints,
g) In cases where there is a right of withdrawal, the conditions, duration and procedure for exercising this right and information on the carrier designated by the seller for return,
g) The full address, fax number or e-mail address to which the notice of withdrawal will be sent,
h) In cases where the right of withdrawal cannot be exercised in accordance with Article 15, information on whether the consumer will not be able to benefit from the right of withdrawal or under what conditions the consumer will lose the right of withdrawal,
i) Deposits or other financial guarantees to be paid or provided by the consumer upon the request of the seller or provider, if any, and the conditions related to them,
i) Technical protection measures, if any, that may affect the functionality of digital content,
j) Information that the seller or provider knows or reasonably expects to know, regarding which hardware or software the digital content can work with,
k) Information that consumers can apply to the Consumer Court or Consumer Arbitration Committee regarding their disputes.
(2) The information specified in the first paragraph is an integral part of the distance contract and cannot be changed unless the parties expressly agree otherwise.
(3) If the seller or provider fails to fulfil the obligation to inform about the additional costs in subparagraph (d) of the first paragraph, the consumer is not obliged to cover them.
(4) The total price in subparagraph (d) of the first paragraph must include the total costs on a per-billing period basis in indefinite-term contracts or fixed-term subscription contracts.
(5) In contracts established through auction or bidding, information regarding the auctioneer may be included instead of the information in subparagraphs (b), (c) and (ç) of the first paragraph.
(6) The burden of proof that prior information has been provided lies with the seller or provider.
Preliminary information method
ARTICLE 6 – (1) The consumer must be informed in writing or via a permanent data storage device by the seller or provider, in a clear, plain and readable manner, in an understandable language, in a font size of at least twelve, in accordance with the distance communication tool used, regarding all matters specified in the first paragraph of Article 5.
(2) In case the distance contract is established via the internet, the seller or provider;
a) Without prejudice to the obligation to inform in the first paragraph of Article 5, to clearly display the information in subparagraphs (a), (d), (g) and (h) of the same paragraph as a whole, immediately before the consumer becomes liable for payment,
b) To state clearly and understandably whether any shipping restrictions apply and which payment methods are accepted, at the latest before the consumer places his/her order.
has to.
(3) If the distance contract is established by voice communication, the seller or provider must inform the consumer in a clear and understandable manner in the medium in question, immediately before the order is placed, about the issues set out in subparagraphs (a), (d), (g) and (h) of the first paragraph of Article 5, and must send all the information in the first paragraph of Article 5 in writing at the latest until the delivery of the goods or performance of the service.
(4) In case a distance contract is established through a medium where the information regarding the order is provided in a limited area or time, the seller or provider must inform the consumer in a clear and understandable manner on the issues in subparagraphs (a), (b), (d), (g) and (h) of the first paragraph of Article 5, in the medium in question, immediately before the order is placed, and must send all the information in the first paragraph of Article 5 in writing, at the latest, until the delivery of the goods or the performance of the service.
(5) In contracts regarding service sales established by the methods specified in the third and fourth paragraphs and performed immediately, it is sufficient for the consumer to be informed clearly and understandably only about the matters included in subparagraphs (a), (b), (d) and (h) of the first paragraph of Article 5 in the relevant medium immediately before placing the order.
Confirmation of preliminary information
ARTICLE 7 – (1) The seller or provider must ensure that the consumer confirms, in accordance with the distance communication tool used, that he/she has obtained the preliminary information through the methods specified in Article 6. Otherwise, the contract is deemed not to have been established.
Other obligations regarding prior information
ARTICLE 8 – (1) The seller or provider must inform the consumer in a clear and understandable manner that the order placed means a payment obligation, immediately before the consumer confirms the order. Otherwise, the consumer is not bound by the order.
(2) If the consumer is called by a seller or provider for the purpose of establishing a distance contract, the seller or provider must disclose his/her identity at the beginning of each call, and if he/she is calling on behalf of or on behalf of someone else, the identity of this person and the commercial purpose of the call.
CHAPTER THREE
Exercise 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 period of right of withdrawal begins on the day the contract is established for contracts related to the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.
(3) In determining the period of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or a third party designated by the consumer receives the first good.
is taken as basis.
(4) Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
(5) In contracts where delivery of goods and performance of services are made together, the provisions regarding the right of withdrawal regarding the delivery of goods apply.
Incomplete information
ARTICLE 10 – (1) The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not duly informed about the right of withdrawal, he/she is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period ends one year after the date on which the withdrawal period ends.
(2) If the necessary notification regarding the right of withdrawal is made within one year, the fourteen-day period of right of withdrawal begins to run from the day on which the notification is made.
Exercise 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 provider in writing or via permanent data storage before the expiry of the right of withdrawal period.
(2) In exercising the right of withdrawal, the consumer may use the form in the ANNEX or make a clear statement stating the decision to withdraw. The seller or provider may also offer the option on the website for the consumer to fill out this form or send the declaration of withdrawal. In the event that the right of withdrawal is offered to consumers on the website, the seller or provider must immediately send the consumer confirmation that the withdrawal requests submitted by the consumers have been received.
(3) In sales made through voice communication, the seller or provider 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. In such sales, the consumer can use this form to exercise his/her right of withdrawal, as well as the methods in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal referred to in this article belongs to the consumer.
Obligations of the seller or provider
ARTICLE 12 – (1) The seller or provider is obliged to refund all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date on which the consumer receives notification that he/she has exercised his/her right of withdrawal.
(2) The seller or provider must make all refunds specified in the first paragraph in a single payment in accordance with the payment instrument used by the consumer during the purchase and without imposing any cost or liability on the consumer.
(3) In the exercise of the right of withdrawal, if the goods are sent back through the carrier specified by the seller for return within the scope of subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the costs related to the return. If the seller does not specify any carrier for return in the preliminary information, no fee can be requested from the consumer for the return cost. If the carrier specified in the preliminary information for return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods requested to be returned are collected from the consumer without requesting any additional costs.
Obligations of the consumer
ARTICLE 13 – (1) Unless the seller or provider offers to take back the goods, the consumer must return the goods to the seller or provider or to the person authorized by the consumer within ten days from the date of notification of exercising the right of withdrawal.
(2) The consumer is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and instructions for use within the withdrawal period.
Effect of the exercise of the right of withdrawal on ancillary contracts
ARTICLE 14 – (1) Subject to the provisions of Article 30 of the Law, if the consumer exercises his/her right of withdrawal, the ancillary contracts will automatically terminate. In this case, the consumer is not liable to pay any expenses, compensation or penalties except for the cases specified in the second paragraph of Article 13.
(2) The seller or provider must immediately notify the third party party to the ancillary contract that the consumer has exercised his right of withdrawal.
Exceptions to the right of withdrawal
ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
CHAPTER FOUR
Other Provisions
Performance of the contract and delivery
ARTICLE 16 – (1) The seller or provider must fulfill its obligation within the period it has committed itself to, starting from the date on which the consumer's order reaches it. In the case of sales of goods, this period cannot exceed thirty days in any case.
(2) If the seller or provider fails to fulfil their obligations in the first paragraph, the consumer may terminate the contract.
(3) In case of termination of the contract, the seller or provider must repay all payments collected, including delivery costs, if any, to the consumer within fourteen days from the date of receipt of the termination notice, together with the legal interest determined in accordance with Article 1 of the Law No. 3095 on Legal Interest and Default Interest, dated 4/12/1984, and return all valuable papers and similar documents that put the consumer in debt, if any.
(4) In cases where the fulfillment of the goods or services subject to the order becomes impossible, the seller or provider must notify the consumer in writing or via permanent data storage within three days from the date of learning about this situation and return all payments collected, including delivery costs, if any, within fourteen days from the date of notification at the latest. The fact that the goods are not available in stock is not considered as the fulfillment of the goods fulfillment.
Liability for damages
ARTICLE 17 – (1) The seller is responsible for losses and damages that occur until the delivery of the goods to the consumer or to a third party determined by the consumer other than the carrier.
(2) If the consumer requests the goods to be sent by a carrier other than the one specified by the seller, the seller is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier.
Phone usage fee
ARTICLE 18 – (1) If a telephone line is allocated by the seller or provider for consumers to communicate in relation to the established contract, the seller or provider cannot choose a tariff higher than the regular fee tariff for this line.
Additional payments
ARTICLE 19 – (1) Before the contract is established, it is mandatory to obtain the explicit consent of the consumer in order to request any additional fee other than the agreed basic fee arising from the contractual obligation.
(2) If the consumer has made a payment because options that create an additional payment obligation have been automatically selected without the explicit consent of the consumer, the seller or provider must immediately refund these payments.
Storage of information and burden of proof
ARTICLE 20 - (1) The seller or provider must keep the information and documents related to each transaction regarding the right of withdrawal, information, delivery and other obligations regulated under this Regulation for three years.
(2) Those who mediate the establishment of a distance contract on behalf of the seller or provider by using or having used remote communication tools within the framework of the system they have established are obliged to keep records of the transactions made with the seller or provider due to the matters set out in this Regulation for three years and to provide this information to the relevant institutions, organizations and consumers upon request.
(3) The seller or provider is obliged to prove that the intangible goods or services delivered to the consumer electronically are free of defects.
CHAPTER FIVE
Miscellaneous and Final Provisions
The repealed regulation
ARTICLE 21 – (1) The Regulation on Distance Contracts published in the Official Gazette dated 6/3/2011 and numbered 27866 has been repealed.
Force
ARTICLE 22 – (1) This Regulation shall enter into force three months after its publication.
Executive
ARTICLE 23 – (1) The Minister of Customs and Trade shall execute the provisions of this Regulation.
ADDITIONAL
SAMPLE WITHDRAWAL FORM
(This form should only be filled out when you want to exercise your right to withdraw from the contract.)
will be sent.)