Regulation on the Implementation Principles of Distance Contracts

Published in the Official Gazette: 14/6/2003 – Issue: 25137

Purpose

Article 1– The purpose of this regulation is to regulate the implementation principles of distance contracts.

Scope

Article 2– This regulation applies to contracts made without face-to-face contact with the consumer, using written, visual, electronic, or other communication tools, where the delivery or performance of goods or services is agreed to be immediate or at a later time.

Basis

Article 3– This regulation is prepared based on Article 31 of the Law No. 4077 on Consumer Protection, 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:

  1. Ministry: Ministry of Industry and Trade,
  2. Minister: Minister of Industry and Trade,
  3. Goods: Movable goods, real estate for residential and holiday purposes, and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments,
  4. Service: Any activity other than providing goods for a fee or benefit,
  5. Seller: Natural or legal persons who offer goods to consumers within the scope of their commercial or professional activities, including public legal entities,
  6. Provider: Natural or legal persons who provide services to consumers within the scope of their commercial or professional activities, including public legal entities,
  7. Consumer: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,
  8. Creditor: Banks, private financial institutions, and financial companies authorized to provide cash credit to consumers according to their legislation,
  9. Distance Contract: Contracts made through written, visual, phone, or electronic communication tools, or other means of communication without direct contact with the consumer, where the delivery or performance of goods or services is agreed immediately or later,
  10. (Added: 9/10/2007-26668 RG) Permanent data carrier: Any tool that allows the consumer to record the information sent to them personally and access the recorded information in a way that allows them to review it for a reasonable period of time.

Pre-Information

Article 5– (Amended first sentence: 9/10/2007-26668 RG) Before the distance contract is concluded, the consumer is provided with a pre-information form that contains all of the following information in a clear, understandable way, in accordance with the communication tools used.

  1. If available, the seller or provider’s name, title, full address, phone number, and other contact details,
  2. The essential characteristics of the goods or services covered by the contract,
  3. The total sales price of the goods or services, including all taxes,
  4. The validity period of all the promises made by the seller or provider, including the price,
  5. Information on how the consumer’s payments will be made,
  6. Information about how delivery and performance will be made and, if applicable, the amount of any related costs and who will bear them,
  7. Information on the right of withdrawal and how this right can be exercised,
  8. If there are any costs to the consumer, the cost of using the communication channels,
  9. The program for the delivery and performance dates of the goods or services,
  10. The full address, phone number, and other contact details of the seller or provider where the consumer can communicate their requests and complaints.

(Added: 9/10/2007-26668 RG; Regulation, Article 2) If verbal communication tools are used, the seller or provider is also obliged to clearly inform the consumer of their identity and the commercial purpose of the conversation at the beginning of each conversation.

Proof of Accuracy of Pre-Information in Writing

Article 6– (Amended: 9/10/2007-26668 RG) The information form mentioned in Article 5 of this regulation must be provided to the consumer before the conclusion of the contract. The contract cannot be concluded unless the consumer confirms in writing that they have received this information. In contracts made electronically, the confirmation is also made electronically. The seller or provider must send the information form to the consumer in writing, through another permanent data carrier that the consumer can continuously use or access, before the goods are delivered to the consumer or, in the case of services, before the contract is performed. In electronic contracts, this must also be done before the contract is concluded.

Terms to be Included in the Contract

Article 7– (Amended: 9/10/2007-26668 RG) The distance contract must be provided to the consumer in a manner that they can continuously use or access, using another permanent data carrier.

The contract must include:

  1. The name, title, full address, phone number, and other contact details of the seller or provider,
  2. The date the contract was concluded,
  3. The delivery or performance date and method of the goods or services,
  4. Information about the cost of delivery and performance and who will bear these costs,
  5. The type, quantity, and if applicable, the brand and model of the goods or services,
  6. The price of the goods or services, including all taxes, in Turkish Lira,
  7. The total price, including interest, if applicable, in Turkish Lira,
  8. The interest rate, the annual percentage rate of interest, and the default interest rate, which shall not exceed 30% of the specified interest rate,
  9. The deposit amount,
  10. The payment plan,
  11. The legal consequences of default by the debtor.

Right of Withdrawal

Article 8– In distance contracts related to the sale of goods, the consumer has the right to reject the goods without assuming any legal or penal liability and without giving any reason within seven days from the date of receipt. In distance contracts related to the provision of services, this period begins on the date the contract is signed. If the service is to be performed before the 7-day period ends, the consumer can exercise their right of withdrawal before the service begins. The cost of using the right of withdrawal is borne by the seller or provider.

The provisions regarding the right of withdrawal and its use do not apply to contracts for services performed immediately in electronic environments or for goods delivered to the consumer immediately. Even if the delivery is made to a person other than the contracting consumer, the consumer can still exercise the right of withdrawal. In this case, the seller will take the goods from the third party as per the provisions of Article 9, Paragraph 4.

For goods produced according to the consumer’s special requests, or customized by making changes or additions, the consumer cannot use the right of withdrawal. Moreover, for goods that cannot be returned due to their nature, or goods that may spoil quickly or have an expiration date, the consumer cannot use the right of withdrawal.

(Amended: 9/10/2007-26668 RG) If the seller or provider fails to fulfill the obligations specified in Articles 6 or 7, they must remedy the deficiency within thirty days. In this case, the seven-day period starts from the date the consumer is notified in writing that the deficiency has been corrected. Otherwise, the consumer is not bound by the seven-day period to exercise the right of withdrawal.

If the consumer’s payment has been partially or fully covered by the seller or provider, or if it is based on an agreement between the seller or provider and a creditor, the credit agreement will automatically terminate without any compensation or penalty obligation once the right of withdrawal is exercised. However, a written notification must also be sent to the creditor.

Seller and Provider’s Obligations

Article 9 – The