Published in the official gazette on 14/6/2003 - Nr: 25137
Article 1- The purpose of the present regulation is to regulate the procedures and principles of execution applied for distance contracts.
Article 2- The present regulation shall be applicable to contracts concluded in written form, in visual or electronic environment or by means of other means of communication and without coming face to face with the consumer, the immediate or subsequent delivery or performance of a good or service is agreed upon.
Article 3- The present regulation has been prepared on the basis of the 31st Clause of the Law on the Protection of Consumers dd. 23/2/1995, Nr. 4077, as well as Clause 9/A, supplemented to the aforementioned Law by Law Nr. 4822.
Madde 4- Bu Yönetmeliğin uygulanmasında;
Article 5-(Amended first sentence: 9/10/2007-26668 RG) Previous to the conclusion of a distance contract, a form prepared for information purposes shall be submitted to the consumer, which shall include all of following information in a clear, comprehensible and appropriate manner befitting the means of communication used.
Written verification of preliminary information
Article 6- (Amended: 9/10/2007-26668 RG) It is imperative that the form to be submitted for information purposes as provided for under Article 5 of the present regulation is submitted to the consumer previous to the contract's conclusion. The contract cannot be concluded as long as the consumer does not confirm in written that such information have been submitted it. In case of contracts concluded in electronic environment, such confirmation shall be carried out again in electronic environment. The seller or provider has to make sure that the form for information purposes is received by the consumer in written form before the goods in question are delivered to the consumer or, in the case of services, previous to the execution of the contract at the latest or, in the case of contracts concluded in electronic environment by means of another continuous data carrier usable and continuously accessible by the consumer.
Provisions to be included into the contract
Article 7- (Amended: 9/10/2007-26668 RG) It shall be mandatory that the distance contract is submitted to the consumer by means of a continuous data carrier usable and continuously accessible by the consumer.
The contract shall include;
Right of withdrawal
Article 8- In case of contracts concluded on the sale of goods, the consumer shall be entitled refuse a particular good and withdraw from the contract within seven days after it takes delivery of the good without undertaking any legal or penal liability and without being obliged to give any justification. In case of contracts concluded on the provision of services, such period shall begin on the day, on which the contract is signed. If, in a contract, it is agreed that a service is to be performed before the expiry of such 7 days, the consumer shall be entitled to use its right of withdrawal until the day, on which the performance of the bought service begins. Expenses and costs arising out of the use of the right of withdrawal shall be borne by the seller or provider.
Contracts regarding goods and services immediately delivered/rendered to the consumer in electronic environment shall not be subject to the provisions on the right of withdrawal and the use thereof.
The consumer may use its right of withdrawal even if the goods in question are delivered to any third person than the consumer acting as a contracting party. In this case, the seller shall take delivery of such good from such third person as per Article 9, Par. 4.
In case of goods, which are produced in accordance with the consumer's special demands and wishes or which are personalized by means of modifications or additions, the consumer shall not be entitles to use its right of withdrawal. Moreover, the consumer shall not be entitled to use its right of withdrawal in case of goods, the return of which is not possible due to its very nature or which bear the possibility of fast decomposition or expiry of its best-before date.
(Amended: 9/10/2007-26668 RG) If the seller or provider fails to fulfill the liabilities provided for under Article 6 or 7, the seller or provider shall make up such deficiency within thirty days at the latest. In such case, the aforementioned time of seven days shall begin with the submittal of a written notification to the consumer indicating that such deficiency has been made up. Otherwise, the consumer shall not be bound to a limit of seven days with respect to the use of its right of withdrawal.
If the amount payable by the consumer is wholly or in part financed by the seller or provider or by means of an agreement concluded between the seller or provider and a creditor, the loan agreement shall terminate automatically in case the consumer decides to use its right of withdrawal. Such termination shall not result in any liability to pay any damages or penalties. However, the notification of withdrawal has to be transmitted to the creditor in written form.
Liabilities of the seller or provider
Article 9- The seller or provider shall be liable to fulfill its performance within maximum thirty days beginning from the day, on which it receives the consumer's order. This period of time may be extended by only ten days, provided that a written notification is sent to the consumer prior to it.
Within ten days after it receives the consumer's notification of withdrawal, the seller or provider shall be liable to reimburse any payments, valuable papers, and any other documents, which burden the consumer with debt, and to take delivery of the good within twenty days at the latest.
(Amended: 9/10/2007-26668 RG) Prior to the delivery or performance of a good or service constituting the subject of a distance contract, the seller or provider shall be obliged to submit the information provided for under Article 5 as well as the contract provided for under Article 7 to the consumer and to obtain a confirmation related to the verification of preliminary information to be given within the scope of the liabilities stipulated under Article 6. In case of discrepancies, the burden of verification shall be borne by the seller or provider.
Provided that a justified reason is on hand, the seller or provider shall be entitled to supply another good or service of equal quality and equal price as long as the due time of its liability to perform has not expired and such entitlement is indicated in the contract.
If the seller or provider fails to fulfill its obligations arising out of a distance contract arguing that the delivery or performance of the ordered good or service has become impossible, it shall be liable to notify such situation to the consumer before the contractual due time of its liability to perform expires. In such case, the seller or provider shall be liable to reimburse any payments, valuable papers, and any other documents, which burden the consumer with debt, to the consumer within 10 days at the latest.
Article 10- - If, in distance contracts, payments are made by means of credit cards or other similar payment cards, the consumer may request the cancellation of such payment arguing that its credit card was used without its consent and in illegal ways. In such case, the institution, by which the credit card in question was issued, shall reimburse the amount of payment to the consumer within 10 days after such objection is notified to it.
Article 11- The provisions of the present regulation shall not apply to contracts
Date of effect
Article 12- This regulation shall enter into effect on 14/6/2003.
Article 13- The provisions of this regulation shall be executed by the Minister of Industry and Commerce.
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