Official Gazette published on 06.03.2011 (number: 27866) From the Ministry of Industry and Trade:

REGULATION ON THE DISTANCE SALES CONTRACT

PART I

Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 − (1) The purpose of this Regulation is to set out the procedures and principles for the distance contracts.

Scope

ARTICLE 2 − (1) This Regulation applies to contracts concluded in written, visual and electronic media or by using other means of communication and without face-to-face communication with consumers, in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed.  

(2) The provisions of this Regulation shall not apply to contracts a) on banking and insurance, b) on sales made through automatic machines, c) concluded with telecommunication service providers through the use of public telephones, ç) on immovable sales, leasing and other rights related to immovable, and d) concluded y tender.

(3) First paragraph of article 9 and articles 5, 6, 7 and 8 shall not apply to contracts a) where food products, beverages or other daily consumable items are delivered to the consumer’s residence or office as part of periodic delivery of seller, and b) concluded with service providers in relation to travel, accommodation, restaurants, and entertainment industry and where service provider undertakes to provide services on a specific date or within specific period of time.

Basis

ARTICLE 3 − (1) This Regulation is based on the Articles 9/A and 31 of the Law No.4077 on Consumer Protection dated 23/2/1995.

Definitions

ARTICLE 4 − (1) In this Regulation,

a) Minister shall mean the Minister of Industry and Trade, b) Ministry shall mean the Ministry of Industry and Trade, c) Service shall mean any activity performed in exchange of a fee or interest except delivery of goods, ç) Creditor shall mean a bank, private financial organization and financing company that is authorized to provide loan to consumers as required by the applicable legislation, d) Goods shall mean movable property that can be traded, and software, sound, video and similar intangible items that are intended to be used on the electronic media, e) Distance contract shall mean the a contract in which the immediate or subsequent delivery or performance of the goods or services to the consumer is agreed, which is made using written, visual, telephone and electronic media or other means of communication and without face-to-face communication with consumers, f) Provider shall mean any natural person or legal entity, including public entity, that provides services to consumer as part of their commercial or professional activities, g) Seller shall mean any natural person or legal entity, including public entity, that provides goods to consumer as part of their commercial or professional activities, ğ) Continuous data carrier shall mean any means or media that allows to store any information for the consumer to review it transmitted personally to such consumer within a reasonable period of time in line with the purpose of such information, and that enables to access to such stored information, h) Consumer shall mean any natural person or legal entity that obtains, uses or utilizes any goods or services for non-commercial or non-professional purposes, ı) Telecommunication means shall mean any means or medium that allows the conclusion of a contract without physical contact, such as letters, catalogues, telephone, fax, radio, television, e-mail message, and internet.
 

PART II

General arrangements on distance contracts

Preliminary information and information form

ARTICLE 5 − (1) Prior to conclusion of a distance contract, the consumer shall informed by the seller or the provider in a clear, understandable and convenient way to the telecommunication means used, including all of the following information. a) Name, title, full address, telephone and, if any, other contact information of the seller or the provider, b) the basic characteristics of the goods or services subject to the contract, c) the selling price of the good or service in Turkish Lira, including all taxes. ç) delivery costs, if any, d) details of the payment and delivery or performance, e) conditions for exercising the right of withdrawal and how to use it, f) in cases where the usage fee of the telecommunication media is not calculated over the ordinary fee schedule, the additional cost incurred on the consumers due to the use of this telecommunication media, g) the validity period of the undertaking, including the price of the goods or services, ğ) in cases where the subject of the contract is performance of goods or services performed continuously or periodically, the minimum duration of the said contract, h) conditions for the termination of debt relationships with an indefinite term or more than one year, ı) information regarding that the applications for complaints and objections of the consumers may be made to the arbitral tribunal or the consumer court for consumer problems in the place where the consumer purchases the goods or services or where the consumer resides, within the monetary limits determined by the Ministry in December every year.

(2) The seller or the provider shall deliver the information form containing all of the information in the first paragraph to the consumer, in writing or through a continuous data carrier, within a reasonable before the contractual goods are delivered to the consumer in case of goods, or before the contract is executed in case of services. In cases where verbal telecommunication media, such as telephone, is used, the seller shall deliver the information form containing all the information in the first paragraph to the consumer no later than the delivery date of goods.

(3) It must be stated that the information specified in the first paragraph is provided for commercial purposes in accordance with the telecommunication media used and within the framework of the principles of goodwill, in a way to protect the minors and the adults who lack the capability of discrimination or who are restricted.  

(4) Where the verbal telecommunication media, such as telephone, is used, it is also obligatory to clearly inform the consumer of the identity of the seller or the provider and the commercial purpose of the conversation at the beginning of each call.

Confirmation of preliminary information  

ARTICLE 6 − (1) Unless the consumer confirms in writing that they have obtained the preliminary information specified in Article 5, a contract shall not be concluded by the seller or the provider. Confirmation of contracts made in the electronic environment shall be made in the electronic environment as well.

Right of withdrawal  

ARTICLE 7 − (1) In distance contracts, the consumer shall be entitled to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying any penalty. It is sufficient to notify that right of withdrawal will be exercised in writing or with a permanent data carrier within this period.

(2) The right of withdrawal shall start from the date the consumer receives the goods in the contract made for the delivery of the goods, or from the date the contract is concluded in case of other contracts.

(3) In case the seller or the provider fails to fulfill his obligations set forth in Articles 5 and 6, the period for the right of withdrawal shall be three months. This period shall begin from the date the consumer receives the goods in contract made for the delivery of goods, or from the date the contract is concluded in case of other contracts. However, if the obligations set forth in Articles 5 and 6 are fulfilled within three months, the period the right of withdrawal of 14 (fourteen) days set out in the first paragraph shall begin from the date the aforementioned obligations are fulfilled. It is sufficient to provide the declaration of intent regarding the exercise of the right of withdrawal in writing or through a permanent data carrier within this period.

(4) Unless otherwise agreed by the parties, the consumer shall not be entitled to exercise the right of withdrawal in the following contracts: a) Service contracts in which the performance of the service is initiated by the approval of the consumer prior to the expiry of the right of withdrawal, b) contracts regarding goods of which the price is determined in the stock exchange or other organized markets, c) contracts for the delivery of goods that are issued in line with the consumer's requests or personal requirements in regard to the goods, which are not suitable for return due to their nature, or at risk for perishing quickly, are likely to expire, ç) contracts for the audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer. d) contracts for the delivery of periodicals such as newspapers and magazines, e) contracts for the performance of services related to betting and lottery, f) contracts regarding the services performed immediately in the electronic environment and intangible goods delivered immediately to the consumer.

(5) In distance contracts where the consumer is provided with loan by the seller or the provider or any third party in cooperation with it for the performance of all or part of its loan, if the consumer exercises the right of withdrawal under the provisions of this article, the loan agreement shall be terminated without any obligations for the payment of any compensation or penal clause provided that notice of withdrawal is also provided to the creditor in writing. Mutual return obligations of the parties are reserved.

Consequences of exercising the right of withdrawal  

ARTICLE 8 − (1) In the event that the consumer uses their right of withdrawal, the seller or the provider shall be obliged to return the total amount received within ten days at the latest from the date of receipt of the notice of withdrawal and any document that puts the consumer in debt, without incurring any expense to the consumer, and to take the goods back within twenty days.

(2) The decrease in the value of the received goods or the existence of a reason that makes the return impossible shall not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, then the consumer shall refund the price of the goods or compensate the decrease in the value of the goods. Changes and deteriorations that occur due to the habitual use of the goods shall not be considered as a decrease in value.
Performance of the contract

ARTICLE 9 − (1) Unless otherwise agreed by the parties, the seller or the provider shall fulfill the order within thirty days at the latest from the date the order is delivered to them by the consumer. This period may be extended for a maximum of ten days, provided that the consumer is notified in writing or through a continuous data carrier.

(2) In cases where the performance of the goods or services under the order becomes impossible, the consumer shall be informed of this situation and the total price paid shall be refunded and any document that puts consumer under any obligation shall be returned to the consumer within ten days at the latest. If the goods are not in stock, this shall not be considered as the impossibility of performance of the goods. (3) The seller or the provider may supply another good or service to the consumer with equal quality and price, provided that the following conditions are met: a) It is agreed in the contract, b) it is clear that the goods or services under the contract cannot be supplied for a valid reason, and c) consent of consumer is received by providing clear and understandable information.