Distance Contracts Regulation

DISTANCE CONTRACTS REGULATION

PART ONE

Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 – (1) The purpose of this Regulation is to regulate the application procedures and principles regarding distance contracts.

Scope

ARTICLE 2 – (1) This Regulation applies to distance contracts.

(2) The provisions of this Regulation;

a) Financial services,

b) Sales made through automatic machines,

c) Use of this telephone with telecommunication operators via public telephone,

ç) Services related to betting, drawing, lottery and similar games of chance,

d) Formation, transfer or acquisition of immovable properties or rights related to these properties,

e) Housing rental,

f) Package tours,

g) Timeshare, timeshare, long-term holiday service and their resale or exchange,

ğ) Delivery of daily consumption items such as food and beverages to the consumer's residence or workplace within the framework of the seller's regular deliveries,

h) Passenger transportation services, provided that the obligation to provide information in subparagraphs (a), (b) and (d) of the first paragraph of Article 5 and the obligations in Articles 18 and 19 are reserved,

ı) Assembly, maintenance and repair of goods,

i) Social services aimed at supporting families and individuals such as nursing home services, child, elderly or patient care services

does not apply to contracts related to.

Base

ARTICLE 3 – (1) This Regulation has been prepared based on Articles 48 and 84 of the Law No. 6502 on Consumer Protection dated 7/11/2013.

Definitions

ARTICLE 4 – (1) In the implementation of this Regulation;

a) Digital content: Any data presented digitally, such as computer programs, applications, games, music, videos and texts,

b) Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,

c) Permanent data storage: Any tool or medium such as text messages, e-mails, internet, disks, CDs, DVDs, memory cards and the like, that allows the information sent by the consumer or sent to him/her to be recorded and copied without modification in a way that allows for the examination of this information for a reasonable period of time in accordance with its purpose and that allows access to this information as is,

ç) Law: Law No. 6502 on the Protection of Consumers,

d) Goods: The subject of the purchase; movable goods, immovable properties for residential or holiday purposes, and software, sound, images and all kinds of intangible goods prepared for use in an electronic environment,

e) Distance contract: Contracts established through the use of remote communication tools, up to and including the moment the contract is established between the parties within the framework of a system established for the remote marketing of goods or services, without the simultaneous physical presence of the seller or provider and the consumer,

f) Provider: A natural or legal person, including public legal entities, who provides services to the consumer for commercial or professional purposes or acts on behalf or account of the service provider,

g) Seller: A natural or legal person, including public legal entities, who provides goods to the consumer for commercial or professional purposes or acts on behalf or account of the service provider,

ğ) Consumer: A natural or legal person acting for non-commercial or non-professional purposes,

h) Distance communication tool: A contract without physical confrontation, such as letter, catalogue, telephone, fax, radio, television, e-mail message, text message, internet any means or environment that allows the establishment of a distance contract,

ı) Side contract: A contract regarding goods or services provided to the consumer by the seller, provider or a third party in addition to the goods or services subject to the contract, in relation to a distance contract.

SECTION TWO

Preliminary Information Obligation

Preliminary information

ARTICLE 5 – (1) The consumer must be informed by the seller or provider in a manner that includes all of the following matters before the establishment of the distance contract or accepting any offer corresponding to it.

a) Basic characteristics of the goods or services subject to the contract,

b) Name or title of the seller or provider, MERSIS number, if any,

c) The full address, telephone number and similar contact information of the seller or provider, which allows the consumer to quickly contact the seller or provider, and the identity and address of the person acting on behalf of or on behalf of the seller or provider, if any,

ç) If the seller or provider has contact information other than that specified in subparagraph (c) for the consumer to communicate their complaints, information on these,

d) If the total price of the goods or services, including all taxes, cannot be calculated in advance due to their nature, the method of calculating the price, if any, all additional costs of transportation, delivery and similar, and information that additional costs can be paid if these cannot be calculated in advance,

e) In cases where the cost of using the remote communication tool cannot be calculated according to the regular fee schedule during the establishment of the contract, consumers