Distance Sales Agreement
Purpose Article 1 - The purpose of this Regulation is to regulate the application procedures and principles regarding distance contracts.
Scope Article 2 - This Regulation applies to contracts made in written, visual and electronic media or using other means of communication and without confronting the consumer, where immediate or subsequent delivery or performance of goods or services is agreed upon.
Basis Article 3 - This Regulation has been prepared based on Article 31 of the Consumer Protection Law No. 4077 dated 23/2/1995 and Article 9/A added to this Law by Law No. 4822.
Definitions Article 4 - In the implementation of this Regulation; a) Ministry: Ministry of Industry and Trade, b) Minister: Minister of Industry and Trade, c) Goods: Movable goods that are the subject of shopping, immovable goods for residential and holiday purposes and software, sound, images and similar intangible goods prepared for use in an electronic environment, d) Service: Any activity other than providing goods in return for a fee or benefit, e) Seller: Real or legal persons who offer goods to consumers within the scope of their commercial or professional activities, including public legal entities, f) Provider: Real or legal persons who provide 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 benefits from a good or service for non-commercial or non-professional purposes, h) Creditor: Banks, private finance institutions and finance companies authorized to provide cash credit to consumers pursuant to their legislation, ı) Distance Contract: Contracts made in writing, visually, by telephone and electronically or by using other means of communication and without confrontation with the consumers and in which the good or service is delivered to the consumer instantly or immediately, Refers to contracts that are agreed to be delivered or performed later. Preliminary Information
Article 5 - The following information must be provided to the consumer before the conclusion of the distance contract. a) Name, title, full address, telephone and, if any, other contact information of the seller or provider, b) Basic features of the goods or services that are the subject of the contract, c) Sales price of the goods or services that are the subject of the contract, including all taxes, d) Validity period of all promises of the seller or provider, including price, e) Information on how the consumer's payments will be made, f) Information on how delivery and performance will be made and, if any, the amount of related expenses and who will cover them, g) Full address, telephone and, if any, other contact information of the seller or provider to whom the consumer can submit his/her requests and complaints. Written Proof of the Accuracy of the Preliminary Information.
Article 6 - The contract cannot be concluded unless the consumer confirms in writing that he/she has obtained the preliminary information correctly and completely. In contracts made electronically, this confirmation process is also carried out electronically. The consumer must obtain the written approval containing the preliminary information before the goods subject to the contract reach him/her for goods and before the contract is executed for services at the latest. Conditions to be Included in the Contract
Article 7 - It is mandatory that the distance contract be made in writing and a copy of this contract be given to the consumer. The contract shall include; a) The name, title, full address, telephone and other contact information, if any, of the consumer, seller or provider, b) The date the contract was made, c) The date and method of delivery or performance of the goods or services, d) The amount of expenses related to delivery and performance and information on who will cover them, e) The type or kind, quantity and, if any, brand and model of the goods or services that are the subject of the contract, f) The advance sales price of the goods or services in Turkish Lira including taxes, g) The total sales price in Turkish Lira to be paid with interest according to the term, h) The interest amount, the annual rate at which the interest is calculated and the default interest rate not to exceed thirty percent of the interest rate specified in the contract, ı) The down payment amount, j) The payment plan, k) The legal consequences of the debtor going into default.
Article 11 - The provisions of this Regulation shall not apply to contracts ; a) related to banking, insurance, b) concluded through automatic vending machines, c) concluded through public coin-operated telephones, d) concluded through auctions, e) related to the supply of food, beverages and goods regularly provided to the consumer's home or workplace for daily consumption, f) containing provisions regarding the provision of accommodation, transportation, food supply, sports and cultural activities and entertainment services undertaken by the provider on a special day or period.
Article 12 - This Regulation shall enter into force on 14/6/2003.
Execution Article 13 - The Minister of Industry and Trade shall execute the provisions of this Regulation.