Geleneksel El Sanatları Online Satış Web Sitesine HOŞGELDİNİZ!

SERVICE POLICY

Consumer Rights

REGULATION ON PROCEDURES AND PRINCIPLES OF EXECUTION FOR DISTANCE CONTRACTS

Published in the official gazette on 14/6/2003 - Nr: 25137

Purpose
Article 1- The purpose of the present regulation is to regulate the procedures and principles of execution applied for distance contracts.

Scope
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.

Basis
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.

Definitions
Madde 4- Bu Yönetmeliğin uygulanmasında;

  1. Ministry: Ministry of Industry and Commerce,
  2. Minister: Minister of Industry and Commerce,
  3. Good:Traded movable properties, immovable properties used for residence and vacation purposes, software, voices, images and other similar intangible goods prepared for use in electronic environment,
  4. Service: any activity carried out in return for a fee or interest, except the supply of goods,
  5. Seller: real or legal persons including public legal entities, who offer goods to consumers within the scope their commercial or professional activities,
  6. Provider: real or legal persons including public legal entities, who provide services to consumers within the scope their commercial or professional activities,
  7. Consumer: real or legal persons, who acquire, use or benefit from a particular good or service for purposes other than commercial or professional purposes,
  8. Creditor:banks, private financial institutions and financing companies, which are authorized to grant cash loans to consumers as per their respective legislations,
  9. Distance contract: 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,
  10. (Annex: 9/10/2007-26668 RG) Continuous data carrier: any means enabling the consumer to store confidential data sent to it for a certain period of time, during which such information can be examined expediently, and giving the opportunity to get direct access to such stored information. ifade eder.

Preliminary information
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.

  1. Name, title, explicit address, phone number and, if available, other contact information of the seller or provider,
  2. Basic features of the good or service constituting the subject of the contract,
  3. Sale price (incl. any taxes) of the good or service constituting the subject of the contract,
  4. Expiry date of all promises made by the seller or provider, incl. price promises,
  5. Information on how the consumer is supposed to make payments,
  6. Information on how the delivery or performance is going to be carried out and, if applicable, information on the amount of expenses related thereto as well as on the bearer of such expenses,
  7. Information on the right of withdrawal and how to use such right,
  8. The fees payable for the means of communication engaged, if such engagement constitutes any cost for the consumer,,
  9. Schedule relating to the delivery and performance dates of the good or service in question,
  10. The seller's or provider's explicit address, phone number, and if available other contact information, to which the consumer send its demands and complaints. (Annex: 9/10/2007-26668 RG; Reg., m. 2) If oral means communication are used, it shall be mandatory for the seller or provider to give explicit information on its identity and the commercial purpose of the dialogue at the beginning of every single dialogue established with the consumer.

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;

  1. The names, titles, explicit addresses, phone numbers, and, if available, other contact information of the consumer, the seller or provider,
  2. Date contract's date of issue,
  3. Date and manner of the good's or service's delivery or performance,
  4. Amount of expenses related to the good's or service's delivery or performance along with information on the bearer of such expenses,
  5. The type, nature, amount and, if applicable, the trademark and model of the good or service constituting the subject of the contract,
  6. The cash sales price of the good or service in TL, incl. taxes,
  7. Total sales price in TL payable with an interest to be determined to the agreed installment plan,
  8. Interest amount, the annual interest rate, and rate of default interest, which shall not exceed a rate that is thirty percent higher than the interest rate stipulated in the contract,
  9. Amount of the advance payment,
  10. Payment scheme,
  11. Legal consequences of the debtor's lapse into default.,

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.

Reimbursement
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.

Uncovered contracts
Article 11- The provisions of the present regulation shall not apply to contracts

  1. that relate to banking, insurance transactions,
  2. that are concluded by means of automatic sales machines,
  3. that are concluded by means of public payphones,
  4. that are concluded by means of open bidding,
  5. that relate to the supply of goods, which are delivered to the consumers home or business address on regular basis such as food, beverages, and products intended for daily consumption,
  6. that include provisions, which stipulate that services undertaken by the provider such as accommodation, transportation, food supply, sportive and cultural activities as well as entertainment services shall be supplied on a special day or within a special period of time.

Date of effect
Article 12- This regulation shall enter into effect on 14/6/2003.

Execution
Article 13- The provisions of this regulation shall be executed by the Minister of Industry and Commerce.

Tüketicinin Korunması Hakkında Kanun ile ilgili detaylı bilgi almak için tıklayınız

 
#
Tamam