Purpose Article 1– The purpose of this Regulation is to establish the procedures and principles for the implementation of distance contracts.
Scope Article 2– This Regulation applies to contracts concluded in writing, visually, electronically, or through other means of communication, without the parties being physically present, where the delivery or performance of goods or services to the consumer is agreed to be made immediately or at a later date.
Legal Basis Article 3– This Regulation has been prepared in accordance with Article 31 of the Consumer Protection Law No. 4077 dated February 23, 1995, and Article 9/A added to this Law by Law No. 4822.
Definitions Article 4– For the purposes of this Regulation; a) Ministry: The Ministry of Industry and Trade, b) Minister: The Minister of Industry and Trade, c) Goods: Movable property subject to sale and purchase, immovable property for residential and holiday purposes, and intangible goods such as software, sound, images, and similar items prepared for use in an electronic environment, d) Service: Any activity other than the provision of goods in exchange for a fee or benefit, e) Seller: Real or legal persons, including public legal entities, who offer goods to consumers within the scope of their commercial or professional activities, f) Provider: Real or legal persons, including public legal entities, who offer services to consumers within the scope of their commercial or professional activities, g) Consumer: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, h) Lender: Banks, special financial institutions, and finance companies authorized by law to grant cash loans to consumers, ı) Distance Contract: Contracts concluded in writing, visually, by telephone, or electronically, or through other means of communication, without the parties being physically present, and under which the delivery or performance of the goods or services to the consumer is agreed to be made immediately or at a later date, shall be deemed to be distance contracts. Prior Information
Article 5– The following information must be provided to the consumer prior to the conclusion of a distance contract. a) The name, title, full address, telephone number, and other contact information of the seller or supplier, b) The basic characteristics of the goods or services subject to the contract, c) The total sales price of the goods or services subject to the contract, including all taxes, d) The validity period of all promises made by the seller or supplier, including the price, e) Information on how the consumer's payments will be made, f) Information on how delivery and performance will be carried out, and if applicable, the amount of any related costs and who will bear them, g) Information on the right of withdrawal and how it may be exercised, h) The cost of the communication channels used, if any, to the consumer, ı) A schedule for the delivery and performance of the goods or services subject to the contract, j) The seller's or supplier's address, telephone number, and other contact information where the consumer may submit their requests and complaints. Written Confirmation of the Accuracy of the Pre-Contractual Information
Article 6- The contract cannot be concluded unless the consumer confirms in writing that they have received the preliminary information correctly and completely. In contracts concluded electronically, this confirmation is also made electronically. The consumer must receive the written approval containing the preliminary information before the goods are delivered to them for goods, and before the performance of the contract for services. Requirements for the Contract
Article 7– Distance contracts must be made in writing and a copy must be given to the consumer. The contract must include: a) The name, title, full address, telephone number, and other contact information of the seller or provider, b) The date the contract was made, c) The date and manner of delivery or performance of the goods or services, d) Information regarding the amount of delivery and performance costs and who will bear them, e) The type or category, quantity, and, if applicable, the brand and model of the goods or services subject to the contract, f) The total sales price of the goods or services in Turkish Lira, including taxes, f) The total sales price in Turkish Lira, including interest, to be paid by the due date, h) The amount of interest, the annual rate at which interest is calculated, and the default interest rate, which shall not exceed thirty percent of the interest rate specified in the contract, ı) The down payment amount, j) The payment schedule, k) The legal consequences of the debtor's default, are included.
Right of Withdrawal Article 8– The consumer has the right to withdraw from the contract without assuming any legal or criminal liability and without giving any reason within seven days from the date of delivery in distance contracts relating to the sale of goods. In distance contracts for the provision of services, this period begins on the date the contract is signed. If the contract stipulates that the service will be performed before the seven-day period expires, the consumer may exercise the right of withdrawal until the date the service begins. The costs arising from the exercise of the right of withdrawal shall be borne by the seller or provider. Contracts for services performed immediately in an electronic environment and for goods delivered immediately to the consumer are not subject to the provisions on the right of withdrawal and its exercise. Even if the goods are delivered to a person other than the consumer who is a party to the contract, the consumer may exercise the right of withdrawal. In such a case, the seller shall take delivery of the goods from the third party in accordance with the provisions of the fourth paragraph of Article 9. The consumer cannot exercise the right of withdrawal for goods produced in accordance with the consumer's specific requests and demands or for goods that have been modified or altered to make them personalized. Additionally, the consumer cannot exercise the right of withdrawal for goods that cannot be returned due to their nature, are likely to deteriorate rapidly, or have an expired shelf life. If any of the conditions set forth in Articles 6 and 7 of this Regulation are not met, the seller or supplier shall remedy the deficiency within thirty days at the latest. In such a case, the seven-day period shall commence from the date on which the consumer is notified in writing of the remedy of the deficiency. If the amount paid by the consumer is partially or fully reimbursed by the seller or supplier or pursuant to an agreement between the seller or supplier and the creditor, the credit agreement shall terminate automatically without any obligation to pay compensation or penalties upon the exercise of the right of withdrawal. However, for this purpose, the notice of withdrawal must also be communicated in writing to the creditor.
Obligations of the Seller and Supplier Article 9– The seller or supplier is obligated to fulfill their obligation within thirty days from the date the consumer's order is delivered to them. This period may be extended by a maximum of ten days, provided that the consumer is notified in writing in advance. The seller or supplier is obligated to refund the amount received, return any valuable documents, and any documents that place the consumer under any obligation within ten days of receiving the notice of withdrawal, and to retrieve the goods within twenty days. The seller or supplier must deliver to the consumer, prior to the delivery or performance of the goods or services subject to the distance contract, a copy of the contract and a copy of the written confirmation of the prior information, ensuring that the consumer signs them in their own handwriting. In case of a dispute, the burden of proof lies with the seller and supplier. Subject to a valid reason, the seller or supplier may supply the consumer with goods or services of equivalent quality and price before the performance obligation arising from the contract expires, provided that this is specified in the contract. If the seller or supplier claims that the performance of the goods or services ordered has become impossible and cannot fulfill the obligations arising from the contract, they must notify the consumer of this situation before the expiration of the performance obligation arising from the contract. They must refund the amount paid and return all documents evidencing the 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 their consent and in violation of the law. In such a case, the issuing institution shall refund the payment amount to the consumer within 10 days of receiving the objection.
Excluded Contracts Article 11– The provisions of this Regulation shall not apply to: a) Contracts relating to banking or insurance, b) Contracts concluded through automatic vending machines, c) Contracts concluded through public payphones, d) Contracts concluded through public auctions, e) The supply of goods for food, drink, and daily consumption regularly delivered to the consumer's home or workplace, f) Contracts containing provisions regarding the provision of accommodation, transportation, meal supply, sports and cultural activities, and entertainment services by the supplier on a specific day or during a specific period.
Article 12 – Entry into Force – This Regulation enters into force on June 14, 2003.