The purpose of this Regulation is to regulate the procedures and principles of application on distant contracts.
This Regulation shall apply to contracts made in writing, visual and electronic media or other communication means and without any confrontation with the consumers, the goods or services being agreed upon delivery or performance at the moment of consumption.
This Regulation was prepared on the basis of Article 31 of the Law No. 4077 on Consumer Protection dated 23/2/1995 and Article 9 / A added with this Law No. 4822.
In the implementation of this Regulation;
A) Ministry: Ministry of Industry and Trade,
B) Minister: The Minister of Industry and Trade,
C) Goods: Software, audio, video and other intangible goods prepared for use in movable items, residential and holiday immovable properties and electronic media subject to purchase and sale,
D) Service: Any activity outside the provision of goods for a fee or benefit,
E) Seller: Real or legal persons who provide goods to the public within the scope of their commercial or professional activities, including public legal entities,
F) Supplier: real or legal persons providing services to consumers within the scope of their commercial or professional activities, including public legal entities,
G) Consumer: Real or legal person who acquires, uses or uses a good or service for commercial or non-professional purposes,
H) Loaner: The bank, private financial institution and financing company authorized to give cash loans to consumers according to the legislation,
I) 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 agreed upon at the moment of consumption or service of the goods or service.
It is imperative that the following information be given to the consumer before the distance contract is concluded.
A) the name, title, full address, telephone and other access information of the vendor or provider,
B) the essential characteristics of the contractual goods or services,
C) the sale price of the contractual goods or services, including all taxes,
D) The validity period of all promises of the seller or provider including price,
E) Information on how to make payment of the consumer,
F) Information on how the delivery and performance are to be made and, if any, the amount and expenses to be covered by it,
G) The right to withdraw and information on how to use this right,
H) the fee for the communication channels used if the customer has a cost,
I) The program relating to the contractual goods or service, delivery and performance dates,
J) Full address, telephone and other access information of the vendor or provider to whom the consumer may transmit their requests and complaints. Proof of Authenticity of Preliminary Information.
The contract can not be concluded unless the consumer confirms in writing that the preliminary information is accurate and complete. This confirmation process is also performed electronically in contracts made in electronic environment. The consumer must obtain the written approval for the services, including the preliminary information, at the latest, before the goods are delivered to the contractual goods for the goods. Terms to be found in the Convention
It is obligatory that the distance contract is made in writing and that a copy of this contract is given to the consumer. With the agreement;
A) The name, title, full address, telephone and other access information of the consumer, the seller or the supplier,
B) the date on which the contract was issued,
C) Date of delivery or performance of the goods or service,
D) Information on the amount of expenses incurred for delivery and execution and by whom,
E) the nature or type, quantity and, if applicable, brand and model of the goods or service subject to the contract,
F) The selling price of the goods or services, including tax, in Turkish Lira,
G) Total selling price in Turkish Lira to be paid with interest according to the maturity,
H) the interest rate, the interest rate to exceed the thirty percent of the interest rate, the annual rate at which the interest is calculated and the interest rate specified in the contract,
I) The amount of the down payment,
J) Payment plan,
K) The legal consequences of the default of the debts take place.
Consumer; Has the right to withdraw from contract without any legal and penal liability within seven days from the date of receipt of the goods in distant contracts related to the sale of goods and refusing the goods without any justification. In case of distance contracts for service provision, this period starts on the date the contract is signed. If the contract is to be concluded within 7 days, the consumer may use the right to withdraw as far as the beginning of the performance. The costs arising from the use of the right to withdrawal belong to the seller or provider. Contracts for immediate service in the electronic environment and for goods delivered instantly to the consumer are not subject to the right of withdrawal and the provisions for its use. The delivery of the goods is made to a person other than the consumer who is party to the contract.